Ponder v. State

Citations

• 76 Fla. 526
• 80 So. 311

Syllabus

<p>1. The purpose and intent of Section 3572, General Statutes of 1906, was to prohibit, not the gaming or gambling itself, but the keeping of a house or other place for any manner of gaming or gambling.</p> <p>2. Upon a charge under this Statute where it is alleged that the place in which the gambling occurred, was in the exclusive .possession and control of the defendant, where witnesses testifying refer to such place as “William Ponder’s place,” or “William Ponder’s place of business”; others say that “William Ponder was in charge when I went in there”; that they “heard William Ponder say it was his place,” and other similar expressions, and a witness who was a policeman, testified that “if Ponder would see me, he would make some motion to the crowd and, they would stop playing,” referring in each instance to the defendant, there is evidence to support a verdict of guilty upon such charge and no fatal variance between the pleadings and the proofs although the defendant himself testifies that he and his brother are in charge of such place, that they rent the building together, .pay taxes in their joint names upon the property employed in the business conducted in such place and, that the license for running such business is in their joint names.</p>