Opinion
4 Div. 635.
April 14, 1931.
Appeal from Circuit Court, Russell County; J. S. Williams, Judge.
Lum Griggs was convicted of keeping a gaming table, and he appeals.
Affirmed.
Thos. E. Knight, Jr., Atty. Gen., and Jas. L. Screws, Asst. Atty. Gen., for the State.
The refusal to allow trial by jury is not error, where the right has been waived by failure to demand within time. Code 1923, § 8598. If defendant had possession or custody of the table, authority over its use, and supervised the gaming, he was the keeper or interested or concerned in keeping it. Toney v. State, 61 Ala. 1; Wren v. State, 70 Ala. 1; Bibb v. State, 83 Ala. 84, 3 So. 711; Bibb v. State, 84 Ala. 13, 4 So. 275; Keife v. State, 14 Ala. App. 14, 70 So. 950. Proof of financial profit from the keeping of a gaming table is not necessary to warrant a conviction. Minto v. State, 8 Ala. App. 306, 62 So. 376.
Appellant was, upon a trial before the court, sitting without a jury, convicted of the offense of "keeping gaming table." Code 1923, § 4237.
The refusal of the trial judge to allow a trial by jury was not error. Appellant's right to such a trial was waived by his not filing his demand therefor within the time prescribed by law. Code 1923, § 8598.
We have examined every exception reserved on the taking of testimony. There is merit in none of them. Discussion seems useless.
The evidence was ample to support the judgment of conviction. Bibb v. State, 84 Ala. 13, 4 So. 275; Toney v. State, 61 Ala. 1; Minto v. State, 8 Ala. App. 306, 62 So. 376; Keife v. State, 14 Ala. App. 14, 70 So. 950.
There is nowhere prejudicial error, and the judgment of conviction is affirmed.
Affirmed.