Boden v. Commonwealth

Opinion by

Judge Elliott:

This appeal seeks the reversal of a judgment of the criminal court of the county of Nicholas.

*535The indictment charges that the appellant and Wm. O’Mara, on the- day of-, 1874, and divers other days, did unlawfully suffer a game of cards to be played in a house and on premises in their occupation and under their control, at which game so played money and property to the value of twenty dollars and more was bet, won and lost.

On the trial of this cause the evidence conduced to prove that the appellant kept a grocery in a house in the town of Carlisle, and that his customers…