Stoltz v. People

Citations

• 5 Scam. 167

Syllabus

<p>Erior io St. Clair.</p> <p>1. Criminal Law — gaming. Under § 126 of the criminal code, which provides that if any person shall, lor his gam or profit, keep, have, exercise or maintain a common gaming house, table or room, or in any house or place occupied by him, procuie or permit persons to frequent or come together to play for money, such person shall, on conviction, be fined, etc., an indictment is sufficient which charges that the defendant “ did, for his gain, permit persons to come together, to play at a game formoney, at and in a house then and there kept by him and such an indictment is sustained by proof that persons were playing for money, at a game with cards, at the defendant’s house, which was kept as a grocery, where persons were frequently seen drinking, (a) </p> <p>2. Same — general verdict. Where there are two counts in an indictment, a verdict of guilty as to the first count, without noticing the second is sufficient. (b) </p> <p>,3. Indictment — gaming. Semble. That it is sufficient in an indictment for keeping a gaming house, to allege that the offence was committed at divers and sundry times, before and after a particular day, without charging that it was committed on any particular day.</p>