State v. Tague

The opinion of the court was delivered by The defendant, who is the appellant in this appeal, was charged
in the court below in an information containing three counts. It
was alleged that defendant had violated G.S. 1949, 21-916,
21-915, and 41-803. After trial by jury, the defendant was
convicted under sections 21-916 and 41-803, and was acquitted of
violating section 21-915. The first two sections mentioned in the
information constitute felony charges relating to the operation
of a gambling house. Section 41-803 defines the misdemeanor of
operating an "open saloon." It may be noted that section 21-916
specifically prohibits setting up of various and sundry gambling
devices and permitting such devices to be used for gaming in a [188 Kan. 463]
house or building under control of the defendant. The time
covered by the information was from February 6, 1959 to June 12,
1959.