The Northeastern Reporter Volume 28 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ...to-wit: "Third. Before the state can recover, or the defendant can be convicted, the state must prove beyond a reasonable doubt that gaming of some kind was permitted to be carried on in the room mentioned by the defendant, whereby money or something of value was lost or won, or that the defendant rented the room to others to be so used, and with his knowledge and consent was so used,"--in lieu of which instruction the court gave the following, to-wit: "Fifth. If, after you shall have considered and weighed all the evidence, facts, and circumstances adduced upon the trial, you find the state has proven to the satisfaction of each one of you, beyond a reasonable doubt, that the defendant, at the timeand place mentioned in the information, did unlawfully keep the room mentioned in said information for gaming, or rent said room to others to be used and occupied for gaming, you should find the defendant guilty as charged." The instruction given by the court was in substantial accord with section 2079, Rev. St. 1881, upon which the information in this case was based. It clearly states the law in relation to rooms, or other places therein mentioned, rented to be used and occupied for gaming; and the statement in the instruction that if the jury found thut the defendant did at the time mentioned in the information unlawfully keep the room mentioned in said information for gaming is fully sustained by the statute, which provides that whoever keeps a building, room, etc.. to be used or occupied for gaming shall be fined, etc. The point that is made by the counsel for theappellant, that the court should have instructed the jury that the appellant should have knowingly permitted the building or room to be occupied for gaming, or that appellant rent...