People v. Lung

Citations

• 70 Cal. 515
• 11 P. 673
• 1886 Cal. LEXIS 834

Syllabus

<p>Gaming at Tan — Carrying on Game—Information.—Under section 330 of the Penal Code, an information for carrying on and conducting a game of tan need not allege that the defendant did so as an owner or employee, nor is evidence to that effect necessary to sustain a conviction of the offense.</p> <p>Id. — Articles Used at Game —Evidence—Res Gesta—The articles used in carrying on and conducting the game are part of the yes gestee, and admissible in evidence in illustration of the nature of the game.</p> <p>Id. — Identification of Game. — On the trial, a witness described the game which he saw the defendant conducting. Another witness thereupon testified that the game described was tan. Held, that the evidence was admissible.</p> <p>Id.—Judgment — Recital of Offense.—A recital in the judgment that the defendant was found guilty of the offense of gaming at tan as charged in the information is equivalent to a recital that the defendant was found guilty of gaming at tan by carrying on and conducting the same for money or its equivalent.</p> <p>Criminal Law—Exclusion of Witnesses from Court-room. —The exclusion of witnesses from tliemourt-room is within the discretion of the court.</p>