Fuller v. State

Citations

• 83 Miss. 30

Syllabus

<p>1. Criminal Law. Gambling. PunisTmnent. Code 1892, $ 1122.</p> <p>Code 1892, § 1122, providing that one convicted ot gambling shall be fined, and unless the fine and costs be immediately paid, shall be imprisoned for not less than five nor more than twenty d'ays, does not prescribe two punishments in the alternative.</p> <p>2. Same.</p> <p>A'defendant convicted of gambling, under said code section, cannot complain of the court’s failure to add a term of imprisonment on the non payment of the fine imposed.</p> <p>3. Same. Lems 1894, p. 67, eh. 76, see. 3. County farm.</p> <p>A defendant convicted of gambling, under said code section, may be sentenced to pay a fine and costs and to stand committed until the fine and costs are paid, as provided in Laws 1894, p. 67, chap. 76, sec. 3, and may be worked on the county farm until the fine and costs are paid, as provided in said chapter.</p> <p>4. Same. New trial. Juror's disqualification.</p> <p>A new trial was properly denied to a defendant convicted of gambling, upon a showing to the effect that one of the jurors, after the rendition of the verdict, stated that “everybody knows the defendant to be a gambler,” the juror denying that he had mad'e the statement.</p>