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STATE v. RHOTEN

No. 38,782

174 Kan. 394 (1953)

257 P.2d 141

STATE OF KANSAS, Appellee, v. CARL H. RHOTEN, Appellant.

Supreme Court of Kansas.

Opinion filed May 9, 1953.

Attorney(s) appearing for the Case

John B. Markham, of Parsons, argued the cause, and Elmer W. Columbia, and Herman W. Smith, Jr., both of Parsons, were with him on the briefs for the appellant.

Paul E. Wilson, assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, and Oren Gray, county attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

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...

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