Toll v. State

Citations

• 40 Fla. 169

Syllabus

<p>I- A judgment of conviction on an information based upon the ' first clause in Section 2'644 Revised Statutes, relating to per-11 ' sons who have, keep, exercise and maintain gaming rooms, will not be reversed because upon the trial the court instructed ; the jury that the information was brought under that section, reading it in full to them, including the last clause relating to persons who procure, suffer or permit others to play for money in places under their control, where all of the other instructions of the court relate solely to the keeping of a gaming room, and none of them intimated to the jury that they could convict upon proof that defendant procured, suffered or permitted persons to play for money in any place under his control.</p> <p>2. Where the substance of proposed instructions, so far as applicable to the facts of the case, is fully covered by other instructions given by the court, there is no error in refusing those proposed-</p> <p>3. Upon the trial of an information charging a continuing offense where there is evidence of acts constituting the offense committed within the period laid in the information, evidence of acts committed prior or subsequent to that period and before the filing of the information is admissible when it illustrates, explains or corroborates evidence of acts shown to have been committed within the period charged-</p> <p>4. Any room is a gaming' room in which games for money are' habitually played, or which is kept or maintained for the purpose of gaming, even though the room may be put to other uses, and even though its principal use is for some other lawful object.</p>