Commonwealth v. Hopkins

Judge Underwood

delivered the Opinion of the Court.

Hopkins was indicted as a common gambler. Upon the trial, the attorney for the commonwealth introduced a witness, and offered to prove by him, that the accused, “was and is by reputation a common gambler.” The COurt decided, that such evidence was incompetent, and excluded it. On this point, we concur with the circuit court*

Evidence of a single instance of unlawful gaming, may go to the jury, upon ,the trial of one indicted as a common gambler, and, with other circumstances, e. g. that he displayed gaming implements &c., might warrant a…