State v. Preston

Citations

• 49 Wash. 298
• 95 P. 82
• 1908 Wash. LEXIS 571

Syllabus

<p>Information — Degrees—Conviction—Of Lesser Offense — Gaming. The misdemeanor of dealing, carrying on, opening, or conducting, either as owner, proprietor, or employee, whether for hire or not, any game of . . roulette ... as defined by Bal. Code, § 7260, is necessarily included in the felony of conducting, carrying on, opening or causing to be opened, either as owner, proprietor, employee or assistant, whether for hire or not, any game of . roulette ... in any house where persons resort for the purpose of playing any such game, as defined by Laws 1903, p. 63; and a conviction of the former may be had under an information for the latter offense, charging the conducting of a gambling resort by conducting and carrying on a game of roulette in a place where persons resort for that purpose.</p> <p>Gaming — Seceecy—Information—Sufficiency. Bal. Code, § 7260, prohibiting each and every person from dealing, carrying on, opening or conducting “either as owner, proprietor, employee, whether for hire or not,” any game of . . . roulette . . . played for gain, is not limited to the conducting of public games, but includes games secretly carried on from which the public is excluded.</p> <p>Same — Capacity of Person in Game. Under such section, “each and every person” is prohibited from gaming and it is not necessary to allege the capacity in which the game was conducted.</p>