Hirsch v. Cincinnati (City)

Citations

• 29 Ohio C.C. Dec. 613
• 21 Ohio C.C. (n.s.) 561

Syllabus

<p>GAMING AND GAMBLING.</p> <p>1. Admissibility of Papers Taken by Officers on Occasion of Arrest.</p> <p>In a prosecution for being a known gambler, papers, race horse slips and telegrams found at the time of arrest lying on the desk of the defendant by the arresting officers are competent in support of the charge pending against him, on the same principle that incriminating tools found on the person of one charged with burglary, or counterfeiting devices found in possession of one charged with counterfeiting, are admissible in evidence though not necessary for conviction nor sufficient when solely relied upon to warrant conviction.</p> <p>2. Weight of Evidence in Gambling Prosecution Given by Persons of Single Class as Police.</p> <p>The fact that the evidence introduced against one charged with being a known gambler was confined to persons of a single class, to-wit, members of the police department, is a matter which affects the weight of the evidence only, and where evidence so proffered was permitted to stand unchallenged, and no evidence was offered by the defendant, a finding of guilty will not be disturbed by a reviewing court.</p>