State v. Burns

Citations

• 54 Wash. 113
• 102 P. 886
• 1909 Wash. LEXIS 953

Syllabus

<p>Criminal Law — Pleas in Bar — Former Acquittal. The dismissal of a previous complaint or information is not a bar to another-prosecution under an information charging a felony, under Bal. Code, § 6916, expressly so providing.</p> <p>Gaming — Keeping Gambling Resort — Information—Sufficiency. A complaint or information for gambling, under the act of 1903, p. 63, is insufficient to support a conviction, where it fails to allege the commission of the crime in a place “where persons resort for the purpose of playing,” etc., the statute clearly being intended to prohibit the maintaining of gambling resorts.</p> <p>Gaming- — Information—Playing for Gain — Sufficiency. A complaint or information for gambling under Bal. Code, § 7260 is insufficient to support a conviction where it fails to allege that the game was played “for money, checks, credits, or any other representative of value.”</p> <p>Criminal Law — Plea in Bar — Former Acquittal — Defective Information. The common law rule that an acquittal is no bar to another prosecution, if the indictment was so defective that it would not have sustained a conviction, prevails in this state, except where the acquittal was by a judgment on a verdict, as provided by Bal. Code, § 6904; hence the voluntary dismissal of such a defective charge is no bar to another prosecution.</p>