Seal v. State
Mississippi Supreme Court
Error to Harrison circuit court. IIaeeis, J. The plaintiff in error was indicted in the court below for gaming, and was found guilty. The other facts of the case fully appear in the opinion of the court. Cited Carpenter v. State, 4 How. 168; H & H., 490; 5 How., 32; 8 S. & M., 297. Cited 1 Chitty Cr. Law, 388 ; 3 How. R., 28; S. & M., 598; State v. Friar, 3 How. R., 422.
1Opinion of the Court
ClaytoN, J.:
This was an ^iltlictment in the circuit court of Harrison county for gaming. ,
The defendant moved to quash the indictment, because it did not affirmatively appear by the indictment or its caption that the grand jury was properly constituted.
Secondly, because the indictment does not sufficiently describe ,^Se term of the court, or the house in which the court was holden.
We may set out with the remark, that the statute provides that all laws against gaming are remedial and not penal; hence, a strict construction will not be applied.
The first objection taken is, that “ neither the…
2Cases cited1 opinion
- McQuillen v. StateMississippi Supreme Court · 1872
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