State v. Dycer

Citations

• 85 Md. 246
• 36 A. 763
• 1897 Md. LEXIS 33

Syllabus

<p>Criminal Law — Making Pools on Horse Races — Exception of Agricultural Association — Conclusion of Indictments.</p> <p>The Act of 1894, chap. 232, provided that it shall be unlawful for any person to gamble or make books or pools upon any kiud of race, or to use or knowingly suffer to be used any place for such purpose. A proviso in the Act declared that it should not be unlawful for any person to bet or make a book or pool within the grounds of any agricultural association upon any race held within the same grounds, race course or driving park “upon the same day on which said race shall be so held on not more than thirty days in any one calendar year.” Held, that under the Act the making of books or pools, etc., is restricted to the day upon which, and the grounds where, the horse races are run, and that an agricultural association is not authorized to use two or more distinct parcels of land for the purpose of holding races under the exemption conferred by the Act, was to extend the time for the same beyond thirty days in any one calendar year.</p> <p>The provision of the Constitution requiring that all indictments shall conclude “against the peace, government and dignity of the State ” is mandatory, and a demurrer lies to an indictment which does not so conclude. •</p>