State v. Schlein

The opinion of the court was delivered by

Lockett, J.:

Defendants Charles J. Schlein and Robert W. Burgoon were each convicted of one count of gambling in violation of K.S.A. 21-4303(b) (entering or remaining in a “gambling place” with intent to make a bet). Schlein and Burgoon each were separately sentenced to serve 30 days in the Johnson County Adult Detention Center and fined $150.

*206Both appealed, claiming the State failed to prove the place they had entered or remained in was a “gambling place.” Schlein also claims that the trial court’s instructions failed to define a gambling place. The…