Moore v. State

Duffie, C.

The plaintiff in error Avas informed against under section 217 of the criminal code for alloAving games to he played at a saloon of Avhich he Avas the proprietor. The information does not name the parties Avho were allowed to play, nor does it allege that such parties are unknoAvn. He was convicted and fined, and uoav prosecutes error. Sections 216 and 217 of our crimihal code Avere copied from an Ohio statute, approved March 12, 1831,. At an early day the supreme court of Ohio held-that an “indictment for permitting gambling must recite the parties, or allege that they are…