State v. Souva
| Decision Date | 23 May 1911 |
| Citation | 137 S.W. 873,234 Mo. 566 |
| Parties | STATE v. SOUVA. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Jasper County; Henry L. Bright, Judge.
Frank Souva was convicted of keeping a poker table, and he appeals. Affirmed.
Defendant was indicted and convicted of the crime of feloniously setting up and keeping a poker table in the basement of a saloon in the city of Joplin, Mo., and permitting parties to bet and play upon said gaming table. From a judgment of the circuit court of Jasper county fixing his punishment at a jail sentence of six months, he appeals. The evidence shows that the constable of Galena township in Jasper county, upon going to the basement under a saloon on Sixth street in the city of Joplin, found the door of said basement locked; but gained admittance by knocking. Entering this basement, he found the defendant and two other persons seated at a table. In front of defendant were some playing cards, a large stack of poker checks and about $30 in silver coins. Five cards had been dealt out to and were lying in front of each party sitting at the table, and there were also poker checks on the table in front of each of said parties. The constable arrested the defendant, took into his possession all the cards, poker checks, and money found on the table; and up to the date of the trial, some 10 months later, no one had claimed same. Defendant did not go upon the stand; and offered no evidence in his behalf. The state called as witnesses the parties who were found sitting at the table with defendant in the aforesaid basement; and each of them testified that on the night of the constable's raid they had not played any game, but were merely sitting around the table talking and shuffling the cards and poker checks; that the game of poker was usually played with five or three cards for each player. One of these parties found at the table with defendant testified that he went into the basement because he saw a light down there, and that defendant "used to run seven-up tables down there all the time." (1) Defendant contends that the foregoing evidence was not sufficient to warrant the court in submitting the case to the jury. (2) Defendant also asks a reversal of the judgment because of alleged improper remarks by the prosecuting attorney in his address to the jury, which remarks will be noted in our opinion.
A. F. Gonder and Walden & Andrews, for appellant. Elliott W. Major, Atty. Gen., and Jno. M. Dawson, Asst. Atty. Gen., for the State.
BROWN, J. (after stating the facts as above).
It is true that the foregoing evidence is rather meager, particularly as to defendant having...
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