147 N.W. 264 | S.D. | 1914
*98 “It is unlawful to maintain or keep any table, cards, dice or any other article or apparatus whatever, useful or intended to be used in .playing any game of cards or faro, or other game of chance, upon which money is usually wagered.”
From the judgment of conviction, and order overruling a motion for a new trial, defendant -has appealed.
It is contended that the evidence is insufficient to sustain the verdict. There was testimony introduced- tending to show that on the 22nd day of November, 1911, a poker game for money was started in a certain room in a certain building -owned by appellant in the City of Belle Fourche; that such game -was, without cessation, continued throughout the night -of the 22nd and until late in the night of the 23rd w-hen -the sa-me was stopped by the sheriff -arresting appellant and others engaged in said game. This game was .played upon á table with cards, and poker chips. At the time the arrests were made appellant was acting as -cashier, or stake holder of the game and settled in -cas-h- with those having poker chips; -this room was commonly reported to be the quarters o-f appellant. One witness testified that he -had been in that room a-t different tim-es before and had played poker for money, — that there was a davenport or bed in the room, — that he had seen appellant lie down and go to sleep -there at different times, — had seen, him run the game and bought chips from him-, — that, when the game was through, he would cash chips for money whether he played or not,— that during the night in -question they changed -decks of cards,— that appellant on some occasions produced new decks and that when a new deck was wanted some one produced it from his pocket. The officers w-ho made the arrest testified that they knocked on the door and that appellant opened the door and told them to come in. The testimony also- showed that about the first of October, 1911, the room in which said game was being played had been rented to the Owls Club, and that the Owls Club kept cards, tables and poker chips for the -amusement of its members, but that gambling for money was prohibited, by the rules of sai-d club, and that at the time this game in question was being played the appellant was not in control of said room, but that appellant was a.member of th-e Owls Club. Appellant testified that he placed the poker chips in the club room, that they were loaned to
Finding no error in the record the judgment and order appealed from are affirmed.