OPINION
WHITE, Justice.
Since the error assigned in both of these cases is the same, and since the cases were combined for trial, we will consider these appeals in one opinion.
Defendant, Ed Alley, was convicted in the Criminal Court of Hamilton County, of professional gambling, and sentenced to serve ninety days in the Workhouse of Hamilton County, and to pay a fine of $500.00. Defendant, Eugene Stamey, was convicted also of professional gambling...
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