McFarland v. State

Marshall, Judge.

Appellant was convicted of the misdemeanor of keeping a gambling place and sentenced to 12 months and a $5,000 fine. In his appeal, he enumerates 31 errors dealing principally with (1) the sufficiency of the evidence, (2) probable cause for the issuance of a search warrant, (3) hearsay testimony, (4) the reopening of the state’s case, and (5) closing remarks of the prosecuting attorney. Held:

1. Appellee’s motion to dismiss the appeal is denied. Appellant’s motion for new trial was based on the same grounds enumerated as error in this appeal; his appeal is from the judgment and…