The State v. Locket
| Decision Date | 16 May 1905 |
| Parties | THE STATE v. LOCKET, Appellant |
| Court | Missouri Supreme Court |
Appeal from Pemiscot Circuit Court. -- Hon. H. C. Riley, Judge.
Affirmed.
Jere S Gossom for appellant.
The table and gambling device, to-wit, "a pair of dice," is not a gambling device under section 2194, Revised Statutes 1899. The table should be designed, adapted and devised for the purpose of playing a game of chance, such as is named in section 2194. If the game commonly called craps, played by rolling a pair of dice on the ground, or on an ordinary table or elsewhere, was intended to be included in the class of devices mentioned in section 2194, what was the necessity of enacting section 2212, Revised Statutes 1899, for throwing dice and betting thereon? State v Bryant, 90 Mo. 634; State v. Gilmore, 98 Mo. 206; State v. Edwards, 109 Mo. 320; State v. Dinnisse, 109 Mo. 438.
Herbert S. Hadley, Attorney-General, and Frank Blake, Assistant Attorney-General, for the State.
(1) The case of State v. Rosenblatt, 185 Mo. 114, is the latest expression of this court on the questions raised by appellant herein. In that case the defendant was charged by indictment with setting up and keeping divers gaming tables and gaming devices, one of which was designated as a "crap table." That indictment was bottomed on section 2194, Revised Statutes 1899, as is the information in the case at bar. The court held that said statute was broad enough to include "any kind of gambling table or gambling device, adapted, devised and designed for the purpose of playing any game of chance, for money or property." It was also held that a crap table was of that class of crimes denounced specifically by the statute; and, while a crap table was not named in the act, under the rule of ejusdem generis, the indictment was legal and proper. (2) The second assignment of error is: "The information is so vague, uncertain and indefinite that it fails to inform the appellant of the charge he is expected to answer." The information is sufficient, as it charges the crime in the language of the statute. This information is substantially a copy of the indictment of the Rosenblatt case, above mentioned. The Rosenblatt case completely disposes of this point. (3) Appellant argues that, because the game of craps can be played by dice alone, without the assistance of a table, therefore, section 2194, does not cover the case. He refers to section 2212, Revised Statutes 1899, which provides that: "If any person shall play at any game whatsoever for money . . . with dice . . . every such person shall be deemed guilty of a misdemeanor," etc. This section is designed to punish those who play the game of craps, or other dice game, as played by individuals when no table is set up or kept, "adapted, devised and designed," for gambling purposes. It is made a misdemeanor only, under section 2212, for a person to play at any game whatsoever with dice; it is made a felony, under section 2194, for a person to set up or keep any kind of table or gambling device, adapted, devised and designed for the purpose of playing any game of chance for money or property, if the person operating the same shall induce, entice or permit any person to bet or play at or upon any such gambling table, or against the keeper thereof. This latter section is intended to reach the professional gambler, the other section (section 2212), the ordinary street or alley crap shooter, who, without a table and without enticing others to play, gambles with dice. (4) The verdict not being contrary to the law, the appellate court will not invade the jury's province and weigh any evidence submitted to them. State v. Milton, 117 Mo. 618; State v. Richardson, 117 Mo. 587.
At the June term, 1904, of the circuit court of Pemiscot county, Missouri, the prosecuting attorney filed an information against the defendant, charging him with setting up and keeping, on June 1, 1904, and prior thereto, a gambling device, commonly called a crap table.
On arraignment, the defendant pleaded not guilty, and the trial occurred at the adjourned session of the June term, before a jury, duly impaneled.
The information upon which this prosecution is based, omitting caption, is as follows:
L. L. Collins.
"
The facts as developed at the trial of this cause are substantially as follows:
Andy Baker testified that defendant, in the spring of 1904, at State Line, Pemiscot county, Missouri, built a house on purpose for a crap table and poker room, which was in the rear end thereof. "He (defendant) got lumber, he says, to make a dancing floor and put him up a joint." Did not say what kind of a joint. I was in the place fifty times. It was just a house, two rooms, a partition, and a poker table in one end and a big crap table with a rim built about it and with cloth. Defendant run a crap table some time in April, 1904, at State Line, in Pemiscot county, Missouri. "I saw him there and 'cutting it.'" On cross-examination witness said: I did not say defendant run the crap table at State Line. I said a crap table was built there and Dave Locket was running the take-off; Dave Locket was the general boss; what he said generally went there; when the place was torn down defendant took the tent back to the saloon. When I saw defendant he was shooting craps; he took the nickel and put it in the take-off box; big game about the table; this was in April, 1904. Have seen defendant there dozens of times shooting craps. Defendant told me he bought the lumber to build the crap table; I do not know positively who that table belongs to. Both tables were in Pemiscot county. It was fixed for gambling purposes; have seen defendant with the money box carrying it about. When defendant was around, there was no one else around assuming the place of proprietor or boss. When he was away, negroes ran the tables.
Sam Cooney testified: Saw defendant carrying a little money box about; a take-off box; he would take it over to this gambling house mornings and evenings; have heard defendant speak about "his game."
Lon F. Johnson testified: Saw defendant running crap game at State Line in January, 1904; defendant was calling the game, saying what men would shoot; defendant put the take-off in the box; I heard defendant say when he bought the tent that he was to run a crap game; have seen him invite men to play.
J. A. Franklin testified: Am sheriff and arrested defendant; walked into State Line saloon and defendant came in with a couple of little boxes with a slot in the top; defendant told me "they all played" there, when I told him the charge against him.
Thomas J. Green, jailor, testified: Defendant told me he had been running a gambling device at State Line; defendant said there were two other men ahead of him and he never opened the boxes at all.
Dave Locket, defendant, testified: There was a gambling house at State Line; never run a gaming table there at the Line; I was running it once or twice down at the switch. The box was there on the table and the game started; nobody else being there, I put the nickles in the box; I could not get in the box; Ike Sharp tended to the box; that table belonged to all of them at State Line; all that came in there and gambled on it. The old tent, where the table was, was...
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