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FLAHERTY v. STATE

No. CR 73-70.

500 S.W.2d 87 (1973)

Claude Earl FLAHERTY and Gene Whipple, Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied November 5, 1973.

Attorney(s) appearing for the Case

Franklin Wilder, Fort Smith, for appellants.

Jim Guy Tucker, Atty. Gen., by James W. Atkins, Asst. Atty. Gen., Little Rock, for appellee.

HOLT, Justice.

The appellants were charged and convicted of operating a gambling house in violation of Ark.Stat.Ann. § 41-2001 (Repl. 1964). The jury assessed a one year penitentiary sentence for each of them. For reversal of the judgment, the appellants first contend there was no gambling conducted at appellant Flaherty's home and, therefore, the evidence was insufficient to support a conviction for operating a gambling house.

The state adduced evidence...

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