Calico v. State

Decided July 15, 1842

Supreme Court of Arkansas · decided 1842-07-15

This was an indictment for gaming, tried in the Madison Circuit Court, in May, 1842, before the Hon. Joseph M. Hoge, one of the Circuit Judges. Calico and Drake were indicted jointly, for betting with two other persons a glass of whiskey, of the value of fifty cents, at a game of cards, commonly called three-up. Joint plea, not guilty, and verdict of guilty, assessing the fine of each at $10.

Cited by 2 later decisions — most recently July 1880

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1842-07-15

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¶1By the Court,

Lacy, J.

¶2There is no error in the judgment, in this case. Calico and Drake were jointly indicted for gaming; they did not ask to sever, in their pleadings; the fine was assessed severally, and judgment rendered jointly, for cost. This the statute fully authorizes. If they had severed in their pleadings up to that time, it would have taxed them both, jointly, with the costs. Not having done so, they were, of course, jointly liable for the costs of the plaintiff below.

¶3Judgment affirmed.