Barney v. State
Mississippi Supreme Court
Error to Amite circuit court. Posey. J. At the March term, 1847, separate indictments were preferred by the grand jury of Amite county against George H. Barney, Jacob Halfin, Augustus W. Forsyth, William B. Carter, Edmund I) ray fus, and David Jewett, for playing for money at a game of cards, commonly called “ poker.”
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Error to Amite circuit court. Posey. J. At the March term, 1847, separate indictments were preferred by the grand jury of Amite county against George H. Barney, Jacob Halfin, Augustus W. Forsyth, William B. Carter, Edmund I) ray fus, and David Jewett, for playing for money at a game of cards, commonly called “ poker.” At the preceding term of the court, each of them pleaded in abatement to the respective indictments found against them, for the want of legal qualifications in one of the grand jurors, Alexander Dixon, by whom the indictments were found. The grand jury presented the indictments…
1Opinion of the Court
ThacheR, J.:
This is an indictment under the act of February 9,1839, entitled “An act further to discourage and suppress gaming.” Hutch., c. 951, art. 11.
To this indictment preferred by the grand jury of Amite county, the accused pleaded in abatement, “ That one Alexander Dixon was then and there a member of the said grand jury, and that said Alexander Dixon was not then and there at the finding of said indictment by the said grand jury, either a freeholder or a householder within the said county of Amite,” etc. To this plea the district attorney filed a demurrer, and assigned. *427for canse, that…
2Cases cited2 opinions
- McQuillen v. StateMississippi Supreme Court · 1872
- Dowling v. StateMississippi Supreme Court · 1872
3Cited by3 opinions
- State v. CarlsonOregon Supreme Court · 1900
- Boyd v. DurrettMississippi Supreme Court · 1953
- Burton v. ButtlerMississippi Supreme Court · 1914