Ervine v. Commonwealth

Upon an indictment for permitting unlawful gaming in his house, in violation of the tenth section of the statute of 1833,(1 Stat. Law, 760,) the then defendant, now plaintiff in error, having appeared and pleaded guilty, the Court, without an enquiry or assessment by a jury, adjudged against him a fine of two hundred and fifty dollars.

As the record does not shew that the plaintiff in error waived a jury, or consented that the Court should fix the amount of the fine, we will not presume that there was any such waiver and consent from the simple fact that the court, upon confession of guilt,…