Davis v. State

• Decision Date: 04 April 1939
• Citation: 187 So. 761,137 Fla. 151
• Parties: DAVIS et al. v. STATE.
• Court: Florida Supreme Court

187 So. 761

137 Fla. 151

DAVIS et al. v. STATE.

Florida Supreme Court

April 4, 1939

Error to Circuit Court, Lee County; George W. Whitehurst, Judge.

J Harold Davis and Wallace Towles were convicted of keeping and maintaining a gaming table, room, implements and apparatus and a house, booth, tent and shelter for the purpose of gaming, Wallace Towles was also convicted of procuring and permitting persons to play for money and other valuable things at games of chance in a place of which defendants had charge, control and management, and they bring error.

Affirmed.

COUNSEL Paul Lake, of Tampa, for plaintiffs in error.

George Couper Gibbs, Atty. Gen., and H. E. Carter, Asst. Atty. Gen for defendant in error.

OPINION

PER CURIAM.

The information contains the following:

'In the Name and by Authority of the State of Florida: Roy D Stubbs, State Attorney of the Twelfth Judicial Circuit of the State of Florida, prosecting for the State of Florida in the County of Lee under oath information makes that J. Harold Davis and Wallace Towles late of the County and State aforesaid, on the 20th day of August in the year of Our Lord One Thousand Nine Hundred and thirty-six, in the county and State aforesaid did unlawfully keep, exercise and maintain a gaming table and room and gaming implements and gaming apparatus, and house, booth, tent and shelter for the purpose of gaming and gambling;

'And the said State's Attorney in a Second County, further information makes that the said J. Harold Davis and Wallace Towles, on the 20th day of August, 1936, in the County and State aforesaid, did unlawfully procure, suffer and permit persons to play for money and other valuable things at games of chance, in a place of which they, the said J. Harold Davis and Wallace Towles, did have charge, control and management; * * *.'

A motion to quash the first count of the information was overruled, and a motion for a continuance was denied. In a trial on a plea of not guilty the following verdict was rendered:

'We the jury find Wallace Towles Guilty in both counts as charged--Harold Davis Guilty in first count only, so say we all.'

Each defendant was adjudged to be guilty and sentenced to one year's imprisonment in the State Penitentiary. Writ of error was taken by both.

The statute provides that:

'Whoever * * * keeps, exercises or maintains a gaming table or room or gaming implements or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or gambling * * * shall be punished by imprisonment in the State prison not exceeding three years, or by fine not exceeding five...