State v. Torphy
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. E. C. Crow, Judge. (1) A pack of cards is a “gambling device.” State v. Mohr, 55 Mo. App. 329; State v. Gilmore, 98 Mo. 206. (2) The words “gambling device” in an indictment mean the same as “gaming device” in the statute. State v. Mohr, supra. (3) Where the statute prescribing the offense individuates it, the indictment is sufficient if it follows the language of the statute. State v. Fare, 39 Mo.
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Appeal from the Jasper Circuit Court. — Hon. E. C. Crow, Judge. (1) A pack of cards is a “gambling device.” State v. Mohr, 55 Mo. App. 329; State v. Gilmore, 98 Mo. 206. (2) The words “gambling device” in an indictment mean the same as “gaming device” in the statute. State v. Mohr, supra. (3) Where the statute prescribing the offense individuates it, the indictment is sufficient if it follows the language of the statute. State v. Fare, 39 Mo. App. 110, and cases cited; State v. McDaniel, 40 Mo. App. 356; State v. Buck, 43 Mo. App. 443; State v. Davis, 106 Mo. 230; State v: Adams, 108 Mo. 208.…
1Opinion of the CourtGill, J.
In an indictment returned against the defendant in the circuit court, it was charged, that “on or about the-day of January, 1895, at the county of Jasper and state of Missouri, one Mike Torphy did then and there unlawfully bet a sum of money, to wit, five cents, at and upon a game of cards, commonly called poker, then and there played by means of a certain gambling device, to wit, a pack of cards, against,” etc. There were two other counts, all of the same tenor except as to the amount of the bets. The court sustained defendant’s motion to quash the indictment, on the ground that no offense…
2Cases cited5 opinions
- State v. BryantSupreme Court of Missouri · 1886
- State v. GilmoreSupreme Court of Missouri · 1889
- State v. BatesSupreme Court of Missouri · 1846
- State v. FlackSupreme Court of Missouri · 1857
- State v. MohrMissouri Court of Appeals · 1893
3Cited by3 opinions
- State v. EdgenSupreme Court of Missouri · 1904
- State v. BrownMissouri Court of Appeals · 1912
- State v. YoungMissouri Court of Appeals · 1912