State v. Turner

Citations

• 87 Kan. 449
• 124 P. 424
• 1912 Kan. LEXIS 171

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Gambling—Information—No Duplicity. The crime denounced by section 2726 of the General Statutes of 1909 can not be charged in- an information or defined in an instruction without resort to language used in section 2725.</p> <p>2. - Same. The gravamen of the crimes defined in section 2725 of the General Statutes of 1909 is the setting up and keeping of any gambling device or inducing or -permitting any person to play thereat or the keeping of a place or room for such purpose or to which others are accustomed to resort for such purpose.</p> <p>3. - Same. The gravamen of the crime defined in section 2726 of the General Statutes of 1909 is the permitting of another to set up or use any gambling device in a building or on premises in one’s ownership or control.</p> <p>4. - What May Constitute a “Gambling Device.” A table with poker chips and cards used for the purpose of gambling is a gambling device.</p> <p>5. -Evidence — Reputation as Gambling House. When there is evidence sufficient to show that a gambling device is set up and used in a building or on premises by some one other than the one in possession or control thereof, evidence of the reputation of the place as a gambling resort is admissible for the purpose of proving that the one in possession or control has knowledge of and permits the use of the premises for such purposes.</p>