Scott v. State
Supreme Court of Georgia
- Indictment for keeping a gaming house, in Gordon Superior Court. Tried before Judge Crook, April Term, 1859. • The plaintiff in error, Reuben Scott, was indicted for keeping a gaming house; he pleaded not guilty.
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- Indictment for keeping a gaming house, in Gordon Superior Court. Tried before Judge Crook, April Term, 1859. • The plaintiff in error, Reuben Scott, was indicted for keeping a gaming house; he pleaded not guilty. At the trial,. Robert Hackney, testified: That he knew of persons playing cards in a house side by side with the house that Scott lived in, and that it was his understanding that Scott'was in. possession of said house, but he could not say positively; he further testified, that he did not believe that Scott kept the house for the purpose of gaming, but that he kept beds and a table…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
The charge asked by the counsel of Scott in this case, would have been right if the indictment had been for renting out a gaming house; for then the purpose for which Scott had rented out the house would have been the gist of the matter. But the indictment was for keeping a gaming house, and if he controlled the house and used it for gaming, it was very immaterial whether he had, before that time, let somebody else have it on rent or not. If the house was in his possession when the gaming took place in it, with his consent, he was guilty. The…
2Cited by3 opinions
- Stevenson v. StateSupreme Court of Georgia · 1889
- State v. ThomasWashington Supreme Court · 1930
- Kinard v. StateCourt of Appeals of Georgia · 1911