State v. Gaasch

Citations

• 56 Wash. 381
• 105 P. 817
• 1909 Wash. LEXIS 907

Syllabus

<p>Gaming — Keeping Gambling Resort — Information—Sufficiency. An information charging that the defendants did conduct and carry on a gambling game with cards in a building where persons resort for that purpose is insufficient to charge a felony under Laws 1903, p. 63, making it a felony for “owners, proprietors, employees, or assistants” to open or conduct gambling games in such places;, the statute being aimed at the keeping of gambling resorts.</p> <p>Same — Keeping Resort — Statutes—Construction. The statute making it a felony for owners, proprietors, employees, etc., to conduct gambling games in a gambling resort “in any manner whatsoever” does not amplify the intent of the law (which was aimed at keepers of resorts) so as to include those who play at the game.</p> <p>Same — Gambling and Keeping Resorts — Statutes — Repeal. Laws of 1903, p. 63, making it a felony to keep a gambling resort, does not repeal Bal. Code, § 7260, making gambling for gain a misdemeanor.</p> <p>Indictment and Information — Lesser Offense — Conviction—Improper Sentence — Appeal—Remand. A verdict of guilty upon an information intended to charge the felony of keeping a gambling resort, but only stating facts sufficient to charge the misdemeanor of gambling for gain, is a sufficient conviction of the latter offense; and upon reversing a sentence for the felony, the trial court will be directed to enter the proper sentence for the misdemeanor.</p> <p>New Trial — Newly Discovered Evidence. A new trial for newly discovered evidence is properly refused where the evidence merely tended in a slight degree to impeach the evidence of the prosecuting witness.</p>