People v. O'Malley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of Mew York, from a judgment of the County Court of Yates county in favor of the defendant, entered in the office of the clerk of the county of Yates on the 22d day of March, 1900, sustaining a demurrer interposed to an indictment charging the defendant with the crime of gambling and of being a common gambler.
1Opinion of the Court
Adams, P. J.:
Section 344 of the Penal Code declares that “ A person who * * * engages as * * * player in any gambling or bank*47ing game, where money or property is dependent upon the result * * - is a common gambler,” and for the crime as thus defined the defendant was indicted. by the grand-jury of Yates county in December, 1899.
The indictment contains two counts, the first of which charges the defendant with having engaged 'as a player in gambling for money, to wit, for the sum of five dollars, with one Edward Morgan at the village of Penn Yan, in the county of Yates, on or about the 8th day…
2Cases cited5 opinions
- People v. . WilsonNew York Court of Appeals · 1897
- Hawker v. . the PeopleNew York Court of Appeals · 1878
- People v. . AdlerNew York Court of Appeals · 1893
- People v. EmersonNew York Supreme Court · 1889
- People v. . CharbineauNew York Court of Appeals · 1889
3Cited by2 opinions
- State v. KaukosWashington Supreme Court · 1919
- People ex rel. Shane v. GittensNew York Supreme Court · 1912