State v. Alvey

This is the case of an indictment which charges that the appellee, “in a certain jail-house, the said jail-house then and there being a public house, did play at a game with cards, &c.’" There was an exception to the indictment, on the ground that it did not appear from the face of it that any ofience against the law had been committed by the defendant. The court sustained the exception and quashed the indictment, and we think erroneously.

The court below must have proceeded upon the ground that the-statute (contained in the Code) on the subject of gaming has. *156settled as matter of law what is…