Legal Opinion

State v. Dyson

Missouri Court of Appeals

Decided February 17, 1890PublishedCited by 7 opinions

Appeal from Hie Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court erred in entertaining testimony to support the indictment on part of the state against the objection of defendant. (2) The court erred in not sustaining defendant’s demurrer to the testimony of the state. , The eyidence disclosed no offense committed by defendant. State v. Ebert, 40 Mo. 187; State v. 'Bruner, 17 Mo. App. 274; State v. Sellner, 17 Mo.

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Appeal from Hie Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court erred in entertaining testimony to support the indictment on part of the state against the objection of defendant. (2) The court erred in not sustaining defendant’s demurrer to the testimony of the state. , The eyidence disclosed no offense committed by defendant. State v. Ebert, 40 Mo. 187; State v. 'Bruner, 17 Mo. App. 274; State v. Sellner, 17 Mo. App. 16. (3) The indictment drawn under section 1549, Revised Statutes of 1879, amended by Session Acts of 1881, pages 112 and 113, is bad; it does not follow the…

1Opinion of the Court

Smith, P. J.,

The defendant was indicted, tried and convicted by the circuit court of Macon county, under section 1549, Revised Statutes, as amended by the act of March 24, 1881. Acts,-1881, p. 112. The indictment charged that the defendant “did unlawfully permit a certain table, and gambling device, called a *301pack of cards, designed and used for the purpose of playing games of chance, for money and property, to be used for the purpose of gaming in a certain building there situate and. under the control of him, the said Alfred Dyson.” The said section 1549 of the statute provides that “every…

2Cases cited3 opinions

  1. State v. JacksonSupreme Court of Missouri · 1867
  2. State v. ScaggsSupreme Court of Missouri · 1862
  3. State v. NelsonSupreme Court of Missouri · 1854

3Cited by7 opinions

  1. State v. BrownSupreme Court of Kansas · 1925
  2. Schuette ex rel. Trapp v. St. Louis Transit Co.Missouri Court of Appeals · 1904
  3. State v. ShottsMissouri Court of Appeals · 1910
  4. State v. RamsauerMissouri Court of Appeals · 1910
  5. State v. FrederickIndiana Supreme Court · 1915

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