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100 Ark. 591

Jacobs v. State

Supreme Court of Arkansas

Decided October 23, 1911

Supreme Court of Arkansas · decided 1911-10-23

Gotham, Judge; STATEMENT BY THE COURT. Appellant was convicted on five separate indictments for exhibiting certain gambling devices, each indictment being for the exhibition of a different one.

Cited by 3 later decisions — most recently December 1927

2 federal appellate · 1 state decisions

Relies on Wingard v. State · Keoun v. State · Grant v. State

Good law ✅— No negative treatment on recordhow we know

affirmed · Decided 1911-10-23

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Hart, J.,

¶1(dissenting). Although the setting up or exhibiting of each of the gamirg tables mentioned in section 1732 of Kirby’s Digest may be a separate offense when done by different persons at the same time or by the same person at different times, I think the setting up or exhibiting of two or more of the tables by the same person at the same time and at the same place are co-operating acts, and constitute but one offense, for which but one punishment can be inflicted. Hinkle v. Commonwealth, 4 Dana (Ky.) 518; Commonwealth v. Casson, 6 Phil. (Pa.) 381; Leath v. Commonwealth 32 Gratt. (Va.) 873; Wingard v. State, 13 Ga. 396. See also Grant v. State, 70 Ark. 290, and State v. Keoun, 64 Ark. 231.

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