Rawls v. State

Citations

• 70 Miss. 739

Syllabus

<p>1. Indictment. Statutory offense. Averments. Words of statute.</p> <p>•'Wliei-e the language of a criminal statute is broader than its purpose, and, under certain circumstances, it may be lawful to do the thing forbidden by the words, if taken literally, it is not sufficient to indict in the statutory language. The indictment must charge, in apt language, the facts which make the act unlawful. Sullivan v. State, 67 Miss., 346.</p> <p>2. Same. Keeping gaming-table. Averring unlawful act. Gode 1892, ¡5 1124.</p> <p>By 2 1124, code 1892, which forbids keeping or exhibiting certain gaming-tables or banks, it was not intended to make criminal the mere act of keeping or exhibiting these. The object was to prevent gambling, and, in an indictment under the statute, the unlawful purpose of keeping a gaming-table or bank must be alleged; the facts must be stated which make the keeping or exhibiting unlawful.</p>