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  5. 249 S.W.2d 172 (1952)
 

STATE v. TEBBE

No. 21772.

249 S.W.2d 172 (1952)

STATE v. TEBBE et al.

Kansas City Court of Appeals, Missouri.

May 5, 1952.

Attorney(s) appearing for the Case

J. K. Owens, Kansas City, Lawson, Hale & Coleberd, Arthur R. Kincaid, Liberty, for appellants.

Robert G. Kirkland, S. Preston Williams, North Kansas City, William E. Turnage, Liberty, for respondent.

CAVE, Judge.

The defendants have appealed from a judgment of conviction of the crime of permitting a gambling device on certain premises, which is a misdemeanor. Section 563.420, RS 1949, V.A.M.S. Appellants Tebbe and Matheson were each sentenced to jail for 1 year, and Tucholl was sentenced for 6 months.

A joint motion for new trial was filed, and the assigned grounds are:

"1. That the court erred in overruling and denying the `motion to quash search...

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