Commonwealth v. McAtee

Judge Ewing

delivered the Opinion of the Court.

An indictment was found against McAtee, charging him with having betted and wagered, and staked, fifty dollars in Kentucky bank paper of the value of fifty dollars, with one Talbott, on the event of the approaching congressional election.

The proof was that two others were concerned in the bet with McAtee, who staked twenty five dollars of the money, and McAtee twenty five; and that Talbott had won, and the stakeholder had delivered the money to him.

Such certainty in an indictment for a misdemeanor, as will enable the accused to prepare to meet the…