Legal Opinion

Gordon v. Town of DeWitt

Supreme Court of Arkansas

Decided January 27, 1913PublishedCited by 2 opinions

Appeal from Arkansas Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. Appellant was convicted of the crime of gaming and appeals to this court. The.evidence tends to show the following facts: The appellant, with three other persons, went to a certain room in the town of DeWitt about 12 o’clock at night. They found a deck of cards in this room. They were not on their way home. In fact, appellant was going in the opposite direction.

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Appeal from Arkansas Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. Appellant was convicted of the crime of gaming and appeals to this court. The.evidence tends to show the following facts: The appellant, with three other persons, went to a certain room in the town of DeWitt about 12 o’clock at night. They found a deck of cards in this room. They were not on their way home. In fact, appellant was going in the opposite direction. A disturbance took place in the room and the sheriff was called upon to quell it. When he entered the room he found four or five persons sitting…

1Opinion of the Court

Wood, J.,

(after stating the facts). As to whether ■ or not appellant was guilty was a question for the jury under the evidence. The evidence was sufficient to support the verdict.

The question asked the deputy sheriff, to wit:- “They didn’t deny having been gambling, did they?” was improper, but in view of the fact that the parties offered to testify themselves and were permitted, without objection, to state that they were in the game and had pleaded guilty to gaming, and had been convicted of Sabbath breaking growing out of the game, there was no prejudicial error in the question and answer.

Th…

2Cases cited1 opinion

  1. Bowen v. StateSupreme Court of Arkansas · 1911

3Cited by2 opinions

  1. Puterbaugh v. StateSupreme Court of Arkansas · 1950
  2. Bivins v. StateSupreme Court of Arkansas · 1985

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