Show LAKE CITY A case in the su preme court WAS EIGHT death of an old zions game veteran Vetera ii tila funeral services ArrI UMED the following gaming table case appealed from judge blackburns blackburnn Black burns court was heard yesterday in the supreme court people of the territory respondent vs john 0 sullivan appellant the opinion was delivered by judge bartch appellant Appel laut was indicted by the grand jury on october ast 1st 1891 for the off euls of gaming he ha plead not cot guilty and also entered a plea of former conviction to the latter the district attorney d demurred e on the ground that in law it did di d not constitute a d defense fease and the court sustained tle the demner the defendant then withdrew his plea of not guilty gui ity and entered one of guilty shere whereupon upon he was sentenced to pay a fine ot ol and imprisonment imprison mut for one mouth month from mat judgement jud gement the defendant now ap pealed raisin rala inic the question of the sufficiency fici ency enry of the spenial ci plea of former conviction the judgment of the lower court was waa affirmed judge zelne zano concurred while judge miner filed a dissenting opinion the complaint he pointed out having alleged the he offense as a continuing one and d having been treated in its continuing aspect the prosecution would have no right afterwards to carve out a portion of the time included within it and seek a further conviction for tha same baine offense wherein a conviction had beau had in his opinion the demurrer to the plea of former conviction should have been overruled the order of iha court below should be reversed revers sd and the defendant discharged |