State v. Mathis
Supreme Court of Arkansas
EkkoR to the Circuit Court of Chicot County. An indictment was preferred against Mathis, in the court below, containing four counts; the first charging the defendant, Martin R. P. Mathis, with knowingly and wilfully permitting certain persons to frequent the house kept by the said defendant, and knowingly permitting them to exhibit a certain unlawful gaming table, commonly called faro table, at which persons were betting, winning and losing, &c.
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EkkoR to the Circuit Court of Chicot County. An indictment was preferred against Mathis, in the court below, containing four counts; the first charging the defendant, Martin R. P. Mathis, with knowingly and wilfully permitting certain persons to frequent the house kept by the said defendant, and knowingly permitting them to exhibit a certain unlawful gaming table, commonly called faro table, at which persons were betting, winning and losing, &c. The second count charges the defendant with keeping a common gaming house, and there permitting persons to frequent and come and play at certain…
1Opinion of the CourtDickinson, Judge
The defendant insists that, if one' count is'bad, the objection is good to the residue. We are by no means prepared to admit the correctness of this position; for it is clear, to our minds, that if one count in the indictment be good, although the other may be defective, it will be sufficient to support a general verdict of guilty. 1 J. R. 320. Archbold's Cr. Pl. 61, says that, indictments for misdemeanors may contain several counts for different offences, provided the judgment for each be the same. ‘ _
The power of the court to quash indictments, is discretionary. They may do it immediately,…
2Cited by2 opinions
- Tully v. StateSupreme Court of Arkansas · 1908
- Stith v. StateSupreme Court of Arkansas · 1853