Stokes v. State
Mississippi Supreme Court
Error to Holme3 circuit court. Pebby, J. The opinion of the court contains a statement of the facts of the case, where also will be found the instructions given and refused. 1, The replication and issue, in short, is conclusive ou plaintiffs in error.
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Error to Holme3 circuit court. Pebby, J. The opinion of the court contains a statement of the facts of the case, where also will be found the instructions given and refused. 1, The replication and issue, in short, is conclusive ou plaintiffs in error. The court below admitted the proof complained of; and this court, in the absence of contrary proof, will presume it did so correctly. 2 Howard, 174; 3 ib., 205, 422. 2. So much of the indictment as relates to the amount bet, is surplusage, and may be rejected. The fact of gaming is the gist of the proceeding. See H. C., 951, § 1, 7. 3. Upon the…
1Opinion of the Court
Smith, C. J.:
This was an indictment under the statute of 1839, for the suppression of gaming, tried in the circuit court of Holmes county. The defendants pleaded severally in abatement of the indictment. The pleas contain precisely the same averments; and allege as abatable matter, that the assessor of taxes for said county, did not, within one year previous to the finding of the indictment, return into the said circuit court in term time, nor to the clerk thereof in vacation, according to the statute, a list of the householders and freeholders of said county, liable under the statute to…
2Cases cited1 opinion
- Rawls v. StateMississippi Supreme Court · 1872
3Cited by1 opinion
- Shepherd v. StateMississippi Supreme Court · 1906