State v. Ross
Montana Supreme Court
Appeal from District Court, Yellowstone Countyj Sydney Fox, Judge. 'John Ross was convicted of a violation of tbe anti-gambling law, and appeals. The information does not charge that the game was played for money, checks and credits, but that the appellant conducted it for moneys, checks and credits.
Read the full summary
Appeal from District Court, Yellowstone Countyj Sydney Fox, Judge. 'John Ross was convicted of a violation of tbe anti-gambling law, and appeals. The information does not charge that the game was played for money, checks and credits, but that the appellant conducted it for moneys, checks and credits. It may be that those who were engaged in the game were playing for amusement, and paid the app.ellant a fixed sum, in no way dependent upon the result of the game, for conducting it. This might be within the allegations of the information, but it would not be a public offense or within the…
1Opinion of the CourtJustice Holloway
An information was filed in the district court of Yellowstone county charging that the defendant, John Ross, “willfully, wrongfully, and unlawfully did open, carry on, operate, run, and conduct a certain game of stud-horse poker for money, checks, and credits with certain persons whose names are to this informant unknown,” etc. The defendant, having been convicted, appeals from the judgment. It is claimed by the appellant that the statute under which the prosecution was had (Laws 1907, Chapter 115, p. 287) is unconstitutional, and that the information does not state a public offense in any…
2Cases cited7 opinions
- Evers v. HudsonMontana Supreme Court · 1907
- Howell v. StewartSupreme Court of Missouri · 1873
- State v. TiemanWashington Supreme Court · 1903
- State v. BernheimMontana Supreme Court · 1897
- Watson v. MooreOregon Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Bonner v. DixonMontana Supreme Court · 1921
- Mills v. StewartMontana Supreme Court · 1926
- State Ex Rel. Normile v. CooneyMontana Supreme Court · 1935
- Pioneer Motors, Inc. v. State Highway CommissionMontana Supreme Court · 1946
- Merchants' National Bank v. Dawson CountyMontana Supreme Court · 1933
3 more not listed; retrieve them via the Exa API.