[Download] "State v. Rhoten" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: State v. Rhoten
- Author : Supreme Court of Kansas
- Release Date : January 09, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The opinion of the court was delivered by Defendant, Carl H. Rhoten, was arrested and eventually charged
in an information with the commission of three separate and
distinct crimes, prohibited under the provisions of G.S. 1949,
21-915. Subsequently, he was tried by a jury which found him
guilty of setting up and keeping gambling devices and of keeping
and maintaining a common gambling house as charged in Counts 1
and 3 of the information and acquitted him of inducing, enticing,
and permitting persons to gamble as charged in Count 2 of that
pleading. Thereafter, his motion for new trial having been
overruled, he was sentenced on the verdict of the jury in accord
with the statute. The appeal is from that judgment and sentence
and from the order overruling his motion for new trial. The instant record discloses some conflicting evidence.
However, the principal questions involved on appellate review
deal with its sufficiency and are to the effect it fails to
establish commission of the two crimes of which the defendant was
found guilty under the verdict of the jury. In that situation we
are not concerned with conflicts in the testimony and need only
relate evidence tending to uphold the verdict. In doing this,
based upon a careful examination of the record, we shall give our
version of the supporting and pertinent facts disclosed by the
evidence in highly summarized form without, for the moment,
identifying any of the witnesses and will hereafter refer to the
parties as the state and the defendant.