Cain v. State
| Decision Date | 26 September 1921 |
| Docket Number | 119 |
| Citation | 233 S.W. 779,149 Ark. 616 |
| Parties | CAIN v. STATE |
| Court | Arkansas Supreme Court |
Appeal from Garland Circuit Court; Scott Wood, Judge; affirmed.
Judgment affirmed.
Geo P. Whittington and R. M. Ryan, for appellant.
The testimony introduced was wholly insufficient to support the verdict of the jury.
Proof of other crimes, distinct and separate, is inadmissible to establish the guilt of defendant. 37 Ark. 261; 39 Ark. 278; 54 Ark. 621; 80 Ark. 495; 88 Ark. 579; 91 Ark. 555; 110 Ark 226; 120 Ark. 462.
J S. Utley, Attorney General, Elbert Godwin and W. T. Hammock, for appellee.
1. The evidence was sufficient to sustain the allegation in the indictment that the defendant did unlawfully and feloniously keep, conduct and operate and was interested directly and indirectly in keeping, conducting and operating a gambling house and place of business where gambling is carried on.
2. The court did not err in permitting the State to prove that gambling was carried on at other places which were owned and controlled by the defendant. 130 Ark. 111; 129 Ark. 316; 130 Ark. 358; 130 Ark. 122; 131 Ark. 445.
It was not error for the State to prove by witness Page, on cross examination, that he had been convicted of a crime and attack his credibility as a witness. 136 Ark. 473.
Timothy Cain was indicted for conducting and operating, and being interested in conducting and operating, a gaming house in the city of Hot Springs, Arkansas. The defendant was indicted under the provisions of section 2632 of Crawford & Moses' Digest, and prosecutes this appeal to reverse a judgment of conviction against him after a trial before a jury.
It is earnestly insisted by counsel for the defendant that the evidence is not legally sufficient to sustain a conviction.
The evidence on the part of the State tended to show that a gaming house was operated at No. 422 Malvern Avenue in the city of Hot Springs in Garland County, Arkansas. The evidence tended to show that a crap game was run in the basement of the building, and that forty or fifty people were found to be engaged in the game when a raid was made. There were buzzers in the basement, placed there for the purpose of warning the player's that a raid was about to be made. The evidence tended to show that the place was run as a common gaming house.
The evidence on the part of the defendant tended to show that the place in question was known as the Pastime Pool Hall, and that it was operated by a man named Page, and that the defendant had nothing whatever to do with its operation.
It is the contention of counsel for the defendant that the evidence on the part of the State is not sufficient to show that the defendant was interested in operating and conducting the gaming house.
We can not agree with counsel in this contention. One witness testified that the defendant was frequently seen in the building where the gaming house was operated, and that, when any squabble or unusual noise occurred in the basement where the gaming was carried on, the defendant would come back to see about it. Another witness testified that on one occasion complaint was made to the defendant that the man who was conducting the game was doing so in a crooked manner and the defendant discharged the employee complained of. Another witness testified that the defendant ran a gaming house at No. 424, Malvern Avenue, in which he had installed new gaming devices, and that he had moved his old gaming devices from a place in Hot Springs known as the Rollins place to the Pastime place located at 422, Malvern Avenue.
It is fairly inferable from this testimony that the defendant was interested in the Pastime place, and that it was being conducted as a gaming house. The evidence for the State, if believed by the jury, was legally sufficient to show that the Pastime place was operated as a gaming house within three years before the finding of the indictment, and that the defendant was interested in conducting the gaming house.
It is next insisted that the judgment should be reversed because, under one of the instructions given for the State, the jury might have found the defendant guilty of operating a gaming house at any place in Hot Springs, while the State had elected to prosecute the defendant for conducting a gaming house at the Pastime place, or being interested therein.
The instruction in question, together with other instructions had been given by the court before the State elected to prosecute the...
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...forgery, counterfeiting, false pretenses, knowledge that an establishment is a gambling house, and many other situations. Cain v. State, 149 Ark. 616, 233 S.W. 779; Holden v. State, 156 Ark. 521, 247 S.W. 768; McCoy v. State, 161 Ark. 658, 257 S.W. 386; Norris v. State, 170 Ark. 484, 280 S.......
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