Johnston v. State
Mississippi Supreme Court
Error to the circuit court of Hinds county. The defendant, Peter G. Johnston, was indicted by the grand jury of Hinds county; the indictment charged, “ That Peter G. Johnston, late of the county of Hinds, aforesaid, laborer, on the 30th day of May, A. D. 1843, in, etc., did play at a game at cards for money, contrary to the form of the statute.” Yerdict, guilty; sentence, a fine of twenty dollars.
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Error to the circuit court of Hinds county. The defendant, Peter G. Johnston, was indicted by the grand jury of Hinds county; the indictment charged, “ That Peter G. Johnston, late of the county of Hinds, aforesaid, laborer, on the 30th day of May, A. D. 1843, in, etc., did play at a game at cards for money, contrary to the form of the statute.” Yerdict, guilty; sentence, a fine of twenty dollars. The bill of exceptions in the record shows the following facts, to wit: On the call of the regular venire, but twelve persons summoned, answered; whereupon the sheriff, under the order of the court,…
1Opinion of the Court
Thacher, J.:
The plaintiff in error was indicted in the Hinds county circuit court, under the act of 1839, ch. 26, entitled “ an act further to suppress and discourage gaming.” A verdict of guilty was rendered upon the indictment.
The first point made in the case was considered and decided by this court in the case of Thos. Dowling v. The State, 5 S. & M., 664. This point had reference to the mode in which the grand jury were empanelled, and was determined unfavorably to the position assumed by the plaintiff in error in this case.
*299Another point in this caso is made as to the sufficiency of the…
2Cases cited4 opinions
- Dowling v. StateMississippi Supreme Court · 1872
- Eubanks v. StateSupreme Court of Missouri · 1838
- Commonwealth v. CrupperCourt of Appeals of Kentucky · 1835
- State v. RossIndiana Supreme Court · 1844
3Cited by2 opinions
- Riley v. StateMississippi Supreme Court · 1871
- State v. CoppSupreme Court of Kansas · 1886