Commonwealth v. Warren

The defendants, five in number, have been convicted, under the Pub. Sts. c. 99, § 10, as amended by the St. of 1887, c. 448, § 2, of being present in a common gaming-house when gaming implements were found there. At their trial they asked for three instructions. 1. That there was no evidence that the building described in the complaint was unlawfully used *282as and for a common gaming-house, for the purpose of gaming for money or other property. 2. That there was no evidence1 that idle or dissolute or other persons resorted to the premises for that purpose. 3. That there was no evidence that the…