State v. Crogan
Supreme Court of Iowa
Appeal from the Linn District Court. .. The indictment charges that the defendant did, on, &c., at, &c., keep a grocery building,, situated on lot, (describing the lot), resorted to by divers persons, for the purpose of gambling, contrary, &c. To this indictment there was a demurrer, upon the ground that it did not show a continued keeping for the purpose alleged.
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Appeal from the Linn District Court. .. The indictment charges that the defendant did, on, &c., at, &c., keep a grocery building,, situated on lot, (describing the lot), resorted to by divers persons, for the purpose of gambling, contrary, &c. To this indictment there was a demurrer, upon the ground that it did not show a continued keeping for the purpose alleged. This was overruled, and on the trial, the defendant asked the court to instruct the jury, that the situation of the premises must be proved as laid, and if not thus proved, they must acquit. The instruction was refused, and…
1Opinion of the CourtWright, C. J.
The language of the statute is, that “if any person keep a house, chop, or place, resorted to for the purpose of gam tiling,” he shall be punished, &c. The offense is as complete if the house is kept for one day, as if kept for a year. The prosecution is not for causing or continuing a public or common nuisance, nor is the proceeding against the house as such, as contemplated by chapter 150 of the Code. To show that the place kept is a gambling house, within the meaning of the statute, (sec. 2721), it may be shown that it was thus used continuously, but it is not necessary to charge such use.
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2Cases cited1 opinion
- People v. HoneymanNew York Supreme Court · 1846
3Cited by20 opinions
- Naftzger v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1936
- Jacobs v. City of CharitonSupreme Court of Iowa · 1954
- State v. JaponeSupreme Court of Iowa · 1926
- State v. BoomerSupreme Court of Iowa · 1897
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