Hardy v. State

Opinion of the Court, delivered by

Tompkins, Judge.

The appellant, defendant in the criminal court, was indicted for permitting a gambling device, called a Roulette, to be used in his booth for the purpose of gaming for money.

The defendant being found guilty, appealed to this court. The appellant assigns as reasons for reversing the judgment of the criminal court:

1st. That there was no venue proved on the trial.

2d. That there is a variance betwixt the indictment and the evidence introduced to support it.

3d. That the court committed error in stating to the *608, jxu-v orally that tbe jury were…