Rawls v. State
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. Appellant was convicted in the court below. He made a motion in arrest of judgment, on the ground that the indictment was in the alternative, and that it' charged no offense, which motion was overruled. Hence this appeal. The opinion contains a further statement of the case. The indictment charges no offense. It does not aver that there was any betting at the table or bank.
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From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. Appellant was convicted in the court below. He made a motion in arrest of judgment, on the ground that the indictment was in the alternative, and that it' charged no offense, which motion was overruled. Hence this appeal. The opinion contains a further statement of the case. The indictment charges no offense. It does not aver that there was any betting at the table or bank. The fact that there is a legal definition of a crime, does not dispense with the necessity of chai’ging in an’ indictment the facts…
1Opinion of the CourtWoods, J.
The indictment charges that the defendant did unlawfully “ keep and exhibit certain gaming-table, commonly called polker-table or bank, at which gaming-table or bank so unlawfully kept or played or exhibited certain games of cards and dice, the names being-to your grand jurors now unknown, for money, contrary to the forms of the statute,” etc. It is apparent that the indictment does no more than charge, in the words of the statute, the keeping and exhibiting of a gaming-table. The purpose for which it was kept, the use to which it was put, is not stated.' It is evident, we think, that the…
2Cases cited1 opinion
- Sullivan v. StateMississippi Supreme Court · 1889
3Cited by8 opinions
- Pearson v. StateMississippi Supreme Court · 1963
- State v. Southern Railway Co. in MississippiMississippi Supreme Court · 1916
- State v. SpeaksMississippi Supreme Court · 1923
- State v. HintonMississippi Supreme Court · 1925
- State v. CahnMississippi Supreme Court · 1934
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