People v. Sergeant
New York Supreme Court
The defendant was found guilty by the jury, at the Cayuga general sessions, of a nuisance in keeping two billiard tables for the purpose of playing billiards in the village of Auburn. The indictment was at common law, The proof was, that the tables were kept in a room over Bennett’s . _ . A store, the defendant having the care of them.
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The defendant was found guilty by the jury, at the Cayuga general sessions, of a nuisance in keeping two billiard tables for the purpose of playing billiards in the village of Auburn. The indictment was at common law, The proof was, that the tables were kept in a room over Bennett’s . _ . A store, the defendant having the care of them. Witnesses stated that they had known playing for money once; that they had known playing for beer; but it was usual to plav tor the rub; that is to say, the use of the tables, which was one shilling; that it was not a common practice to play for liquor; and…
1Opinion of the Court
Curia.
This was an indictment at the common law. The statute 33 Hen. 8, c. 9. s. 11, has not been enacted in this state; but if it had, the indictment is not founded upon any statute; and we are only to inquire how the matter stood at common law. Keeping a gaming table for one’s profit, was made penal by the English statute, and a penalty of 40s. imposed. This shows that such an act was not, in itself, criminal at the common law. Something more must be shown. Ho disorderly conduct is in this instance proved against the defendant. He allowed no noises which disturbed the neighborhood; and no…
2Cited by10 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- State v. NeaseOregon Supreme Court · 1905
- Hankins v. OttingerCalifornia Supreme Court · 1896
- Mount v. StateIndiana Supreme Court · 1856
- Carr v. StateIndiana Supreme Court · 1875
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