Cain v. State

Citations

• 21 Miss. 456

Syllabus

<p>The statute which requires the clerk to take down the charges given or refused by the circuit judge, and makes them a part of the record without bill of exceptions, does not apply to criminal cases.</p> <p>In an indictment for betting on a presidential election, it is not necessary to allege that the election was held ; the indictment alleged the bet to have been made upon the result of that election, “to be holden ” on a certain day ; the election is provided for by a public law; the event was therefore sufficiently certain.</p> <p>The statutes against gaming are remedial and not penal; and are therefore not to be construed strictly.</p> <p>A. agreed with B. that if the Cass electors obtained a majority of two thousand votes in this state, at the recent presidential election, he would make B. a present of a coat, but if they did not, B. was to make him a present of a coat; after the election B. paid A. the money instead of the coat: Held, the agreement was a mere evasion, and B. being indicted for the bet and convicted, must undergo the penalty of the law.</p>