Montgomery v. State

Citations

• 40 Fla. 174

Syllabus

<p>1. Section 2644 Revised Statutes fully defines two phases of the offense thereby created: First, Whoever by himself, his servant, clerk or agent, or in any other manner has, keeps, exercises or maintains a gaming table or gaming implements or apparatus, or room, house, booth, tent, shelter or other place for the purpose of gaming or gambling; and, second, whoever procures, suffers or permits any person to play for money or other valuable thing at any game whatever, in any place of which he may directly or indirectly have charge, control or management, either exclusively or with others-</p> <p>2. An information, under the statute referred to in the preceding head-note, charging that a defendant did by himself, his servants and agents, unlawfully have, keep and maintain a room, a house in the city of DeLand, Volusia county, Florida, which house the defendant by himself, his agents, clerks and servants, did have charge, management and control, and did procure, suffer and permit persons to play and engage in games of chance with cards, and other games of chance for money, drinks and other things of value, is defective in that it neither alleges that the defendant had, kept or exercised or maintained a gaming table, gaming implements or apparatus, or room, house, booth, tent, shelter or other place, for the purpose of gaming or gambling, nor that he procured, suffered or permitted any person to play for money or other valuable thing at any game whatever, ‘in any place of which he directly or indirectly had charge, control or management, either exclusively or with others.</p>