Lescallett v. Commonwealth

Citations

• 89 Va. 878
• 17 S.E. 546
• 1893 Va. LEXIS 116

Syllabus

<p>1. Constitution, Art. V., § 15, provides that “ no law shall embrace more than one object, which shall be expressed'in its title.” But where the act has but one general object, and that is the suppression of certain kinds of betting or gambling, and makes it an offense (1) to bet in any of the prohibited modes, and (2) to keep any house for the purpose of betting therein—</p> <p>Held :</p> <p>The act does not violate said section, as the latter provision is merely one of the means adopted for the accomplishment of the general object expressed in the title.</p> <p>'2. Idem.—Board of Supervisors v. McGruder, 84 Va. 828, distinguished from case at bar.</p> <p>3. Betting—Place of.—Where an offer to bet is telegraphed by a person in one city to a person in another, and the latter accepts by telegraph—</p> <p>Held :</p> <p>The betting is done in the city where accepted.</p> <p>4. Ckiminal Phooeedings—Gambling-house—Case at bar.—Where, one keeps a house wherein he posts the names of horses running on a race-track in another state, and telegraphs orders of customers to bet money thereon, -which bets are accepted at the track—</p> <p>Held :</p> <p>No violation of Acts 1891-92, p. 626, § 1, since the betting is not done in the said house.</p> <p>•5. Penal Statutes—Construction.—A penal statute must be construed strictly, and, if less comprehensive than the legislature intended it, it is for that body, and not for the courts, to supply the defect by a suitable amendment.</p>