De Haven v. State

The appellant was indicted and convicted,, as a common gambler, under section 2085, R. S. 1881.

The error assigned is, that the court erred in overruling appellant’s motion for a new trial.

The indictment, omitting the caption and the signature of the prosecuting attorney, is as follows:

“ The grand jury of the county of Miami and State of Indiana, upon their oaths, do present, that Elmer De Haven, on the 19th day of January, in the year 1891, at the county of Miami, in the State of Indiana, and on divers other times before and after the said date, and previous to this presentment, did then and…