Legal Opinion

Remmington v. State

Oregon Supreme Court

Decided July 15, 1860PublishedCited by 3 opinions

Error to Multnomah. This is a prosecution for betting on a game of cards. The indictment was found at the November term, A. D. 1859, of the Circuit Court for Multnomah County, and plaintiff in error did not deny the betting, as charged, but pleaded guilty, and was fined by the court below.

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Error to Multnomah. This is a prosecution for betting on a game of cards. The indictment was found at the November term, A. D. 1859, of the Circuit Court for Multnomah County, and plaintiff in error did not deny the betting, as charged, but pleaded guilty, and was fined by the court below. It is now claimed by the plaintiff in error that there is no such offence as that charged in the indictment, which is based upon the third section of the statute, passed February 1st, A. D. 1858 ; being an act to amend chapter ten of the Oregon Statutes, entitled gaming.

1Opinion of the CourtBoise, J.

The question presented by the assignment of errors, in this case, is purely one of the construction of the third section of the act of the 1st of February, 1858; section one of which act prohibits all gambling with cards, but provides no penalty for the violation of such prohibition.

Section two provides for the punishment of persons who shall set up any gambling device; and section three, on which this indictment is founded, provides, that “ every person who shall bet any money, or other property, &e., at or any other gaming table, bank, or gambling device, shall be punished, <&e.”

The word “…

2Cited by3 opinions

  1. State v. BettertonSupreme Court of Missouri · 1927
  2. State v. OwensSupreme Court of Missouri · 1916
  3. United States v. GarretsonU.S. Circuit Court for the District of Southern Alabama · 1890

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