Kolshorn v. State
| Decision Date | 21 October 1895 |
| Citation | 23 S.E. 829,97 Ga. 343 |
| Parties | KOLSHORN v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. An indictment which charged that the accused "did unlawfully keep, maintain, employ, and carry on a certain scheme and device for the hazarding of money or other valuable thing, said scheme and device being called and known as a 'nickel in the slot machine,"' was legally sufficient, without specifying the manner in which the machine was operated.
2. Where it appeared, from the evidence, that the accused kept and maintained a machine so contrived that if one dropped a nickel in a slot therein he would either lose the nickel or win 15 cents, and that the object and purpose of the accused in keeping and maintaining the machine was to win money in this manner, he was guilty of violating section 4549b of the Code, and the court did not err in so charging the jury.
3. Such a machine cannot be lawfully treated as one kept "for amusement only," nor was the keeping and maintaining of it properly indictable under section 4538 of the Code, as amended by the act of 1885 (Acts 1884-85, p. 59), which relates to the keeping of gaming houses or rooms where other persons than the proprietor "come together and play for money or any other valuable thing," at a game of cards, or "other game or device for the hazarding of money or other thing of value."
4. The evidence demanded a verdict of guilty on the second count, and there was no error at the trial.
Error from city court of Savannah; A.H. MacDonell, Judge.
Charles Kolshorn was convicted of maintaining a gambling device, and brings error. Affirmed.
Wm. R. Leaken, for plaintiff in error.
W.W. Fraser, Sol. Gen., for the State.
Judgment affirmed.
To continue reading
Request your trial