State v. Harper
| Decision Date | 06 December 1916 |
| Citation | 190 S.W. 272 |
| Parties | STATE v. HARPER. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, St. Francois County; Peter H. Huck, Judge.
Fred Harper was convicted of keeping a gaming device, and he appeals. Reversed and remanded.
B. H. Boyer and F. A. Benham, both of Farmington, for appellant. John T. Barker, Atty. Gen., and Lee B. Ewing, Asst. Atty. Gen., for the State.
Upon an information attempting to charge a violation of section 4750, R. S. 1909, defendant was tried in the circuit court of St. Francois county, found guilty, and his punishment assessed at six months' imprisonment in the county jail. Defendant has duly appealed to this court.
The main point relied upon for a reversal by appellant is that the information is fatally defective. In the state's brief filed herein the learned Attorney General confesses said error. We have reached the conclusion that appellant's point is well taken, and it will therefore be sufficient to the proper disposal of the case to confine our discussion to the sufficiency of the information. The information, omitting formal parts, reads as follows:
"That one Fred Harper, on the ____ day of December, A. D. 1915, at and in the county of St. Francois and state of Missouri, did then and there unlawfully, willfully, and feloniously set up and keep a certain gaming table and gambling device, to wit, one poker table, commonly so called, upon which table cards were used, and which gaming table and gambling device were adapted, devised, and designed for the purpose of playing games of chance for money, property, and poker chips thereon, and * * * did then and there unlawfully and feloniously induce, entice, and permit * * * to bet and play at and upon and by means of said gaming table and gambling device."
It will be noted that section 4750, R. S. 1909, does not specifically mention "poker table." That being true, the table alleged to have been set up by defendant should be described in the information with sufficient definiteness to show that it comes within the purview of said statute. This the present information fails to do. State v. Wade, 183 S. W. 598, not yet officially reported.
The above case, recently decided by court in banc, fully discusses the question here presented, and it is therefore unnecessary to prolong the discussion here. For the reasons given in the Wade Case, supra, the judgment in the case at bar is reversed, and the cause is remanded.
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State v. Blanchard
...S.W. 144. (b) The indictment is fatally defective in that it fails to sufficiently describe the crap table and black-jack table. State v. Harper, 190 S.W. 272; State v. Shepherd, 192 S.W. 427. (2) The evidence is wholly insufficient to support a conviction of any of the defendants. State v.......
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State v. Blanchard
...S.W. 144. (b) The indictment is fatally defective in that it fails to sufficiently describe the crap table and black-jack table. State v. Harper, 190 S.W. 272; State v. Shepherd, 192 S.W. 427. (2) The evidence is wholly insufficient to support a conviction of any of the defendants. State v.......
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State v. Chaney
... ... 320 Mo. 171, 6 S.W. 2d 842, but the ... [188 S.W.2d 20] ... divisional opinion in that case specifically follows the Lee ... and Rosenblatt cases and the Wade case is not cited. On the ... other hand, the Wade case has been followed in State v ... Humphries, supra; State v. Harper, (Mo.) 190 S.W ... 272; State v. Chaney, (Mo.) 106 S.W. 2d 483 and ... State v. Herndon, 339 Mo. 283, 96 S.W. 2d 376 ... It was ... pointed out in the Wade case that the statute (Sec. 4675) ... names the games of "A B C, faro bank, E O, roulette, ... equality, keno (and) ... ...
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State v. Frisby
... ... enumerated in the Section and so it is necessary that there ... should be sufficient averments in the charge showing the ... device belongs to the enumerated class, and, therefore, ... within the general inhibition of the Section. State v ... Wade, 267 Mo. 249, 183 S.W. 598; State v. Harper, ... Mo. Sup., 190 S.W. 272; State v. Shepherd, Mo ... Sup., 192 S.W. 427; State v. Crayne, Mo. Sup., ... 216 S.W. 47; State v. Morris, 272 Mo. 522, 199 S.W ... 144; State v. Herndon, 339 Mo. 283, 96 S.W.2d 376; ... State v. Chaney, Mo. Sup., 106 S.W.2d 483; State ... v. Chaney, Mo. Sup., ... ...