Cheeves v. State

• Decision Date: 18 April 1911
• Citation: 114 P. 1125,5 Okla.Crim. 361,1911 OK CR 90
• Parties: CHEEVES v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

114 P. 1125

5 Okla.Crim. 361, 1911 OK CR 90

CHEEVES v. STATE.

Court of Criminal Appeals of Oklahoma

April 18, 1911

Syllabus by the Court.

The penal laws of Oklahoma are liberally construed to reach and destroy the evils at which they are aimed.

The facts necessary to constitute an offense must be charged in an information or indictment and proven upon the trial. A failure to do either of these things will be fatal to a conviction.

Gaming includes all contests of strength, skill, or chance, between men or beasts, upon the result of which a wager is laid.

To charge in an information or indictment that a defendant has committed an offense by assisting in a public sport on the Sabbath, without alleging such facts as are necessary to show that the acts in which the defendant assisted did constitute a public sport, does not do more than charge a conclusion of law, and a demurrer to an information containing such charge should be sustained.

A game of baseball played on the Sabbath where an admittance fee is charged to witness such game fixes the character of such game as a public sport, and all who engage or take part in it are liable to prosecution and conviction under the law.

(Additional Syllabus by Editorial Staff.)

"Private sports" are those which are engaged in for the entertainment and pleasure of those who participate, but "public sports" are those which are engaged in for the entertainment and pleasure of the public.

Appeal from Stephens County Court; W. H. Admire, Judge.

Todd Cheeves was convicted of assisting in a public sport on the Sabbath day, and appeals. Reversed.

Gilbert & Bond, for appellant.

Smith C. Matson, Asst. Atty. Gen., for the State.

FURMAN P.J.

The charging part of the information in this case is as follows "Did then and there, on the Sabbath, or Lord's day engage in a game of baseball, which was played by and between the Duncan Baseball Team, and the Rush Springs Baseball Team the said Todd Cheeves then and there acting in the capacity of umpire for the respective teams, so engaged in said game of baseball, the same being then and there a public sport." Defendant filed a demurrer to this information upon the ground that it did not state facts sufficient to constitute a violation of the laws of the state of Oklahoma. Section 2060 of Snyder's Comp. Laws Okl. 1909 is as follows: "The following are the acts forbidden to be done on the first day of the week, the doing of any of which is Sabbath-breaking. 1st. Servile labor. 2nd. Public sports. 3rd. Trades, manufactures and mechanical employments. 4th. Public traffic. 5th. Serving process, unless authorized by law so to do." Section 2063 of Snyder's Comp. Laws Okla. 1909 is as follows: "All shooting, sporting, horse racing, gaming or other public sports, upon the first day of the week, are prohibited." Section 2067 of Snyder's Comp. Laws Okla. 1909 is as follows: "Every person guilty of Sabbath breaking is punishable by a fine of one dollar for each offense." As these different statutes cover the same ground and include the same acts, they must all be construed together and in harmony with each other. It is contended in the brief of counsel for appellant that, as these are penal statutes, they must be strictly construed. We cannot agree with this contention. In fact, we are forbidden to construe penal statutes strictly by an express provision of our own statutes. Section 2027 of Snyder's Comp. Laws Okla. 1909 is as follows: "The rule of common law that penal statutes are to be strictly construed, has no application to this code. All of its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice."

Under this statute, we are required to construe the penal statutes of this state...