State v. White
| Decision Date | 05 April 1904 |
| Citation | 98 N.W. 1027,123 Iowa 425 |
| Parties | STATE OF IOWA, Appellant, v. JACK WHITE |
| Court | Iowa Supreme Court |
Appeal from Boone District Court.--HON. J. H. RICHARD, Judge.
THE defendant was indicted for gambling in December, 1902, and put on trial in March following. He pleaded "Not guilty," and that he had previously been convicted of the same offense. Verdict of guilty was returned, whereupon the defendant moved that he be discharged, for that he had been indicted for the crime of keeping a gambling house, in which the gambling charged was alleged to have been committed at the same term of court the indictment under which he was being tried was returned, and he had been convicted on a plea of guilty. The court sustained this motion and discharged the defendant. The state appeals.
Reversed.
Chas W. Mullan, Attorney General and Lawrence De Graff, Assistant Attorney General, for the State.
No appearance for appellee.
Keeping a gambling house and gambling are distinct offenses. A person guilty of keeping a gambling house may not be guilty of gambling, and one may be guilty of gambling without having any connection with the house. The essence of the former offense is the keeping of the place for the purpose of gambling, or the permission of gambling in a place under the care or control of the accused, as appears from section 4962 of the Code, defining it: Proof of participation in the play is not essential to conviction. But under section 4964 of the Code, providing that "if any person play at any game for any sum of money or other property of any value, or make any bet or wager for money or other property of value, he shall be guilty of a misdemeanor," in order to convict, he must be shown to have joined in the game, or to have participated in the betting or wagering of money or other property. Evidence, then, which would support...
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...is fundamental. Gavieres v. United States, 220 U.S. 338, 31 S. Ct. 421, 55 L. Ed. 489; State v. Inness, 53 Me. 536; State v. White, 123 Iowa 425, 98 N.W. 1027; Wharton's Criminal Law, p. 344. ¶45 The judgment of the trial court should be affirmed. ¶46 By the Court: It is so ordered. ...
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