State v. Power

The information filed in the municipal court of the city of Sioux Falls consists of 5 counts charging the defendant William C. Power with having under his control and permitting to be kept under his control, in 5 different- places within the county, devices commonly known as one-ball machines, contrary to the provisions of SDC 24.-0204. Count I was dismissed, and defendant was convicted on counts II, III, IV and V. Motion for a new trial was denied, and defendant appealed.

It is conceded by appellant that the evidence is sufficient to justify the jury in finding that the machines were gambling…