State v. Walsh
Citation | 37 S.W. 1112,136 Mo. 400 |
Parties | STATE v. WALSH. |
Decision Date | 15 December 1896 |
Court | Missouri Supreme Court |
Appeal from St. Louis court of criminal correction; David Murphy, Judge.
Thomas Walsh was convicted of pool selling, and appeals. Reversed.
T. J. Rowe and Morris, Butler & Fitzgerald, for appellant. R. F. Walker, Atty. Gen., and Morton Jourdan, Asst. Atty. Gen., for the State.
The defendant was prosecuted under the provisions of an act approved March 12, 1895, in relation to book making and pool selling. Being tried, he was convicted, and sentenced to pay a fine of $1,000, and to be imprisoned for six months in the city workhouse.
The act on which this information is bottomed is the following:
The paramount issue presented by the record in this cause may take the form of the question: Is the act just quoted constitutional? It will be noted that the act does this: First, it makes it punishable as a misdemeanor for any person who within this state, keeps any room, etc., and who occupies the same with any book, instrument, or device for the purpose of recording bets, etc., or selling pools upon the result of any trial or contest of skill, speed, etc., of man or beast, which is to be made or take place within or without this state; second, a misdemeanor for any person who thus records such bets, etc., or sells pools, etc.; third, a misdemeanor for any owner, lessee, or occupant of any room, etc., knowingly to permit the same to be used, etc., for any of the purposes aforesaid; fourth, a misdemeanor for such person to keep in such room, etc., any device, etc., or exhibits, etc., for the purpose of recording bets, etc.; fifth, a misdemeanor for any one to become the custodian of any money, etc., which is staked, wagered, or pledged, contrary to the provisions...
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