Legal Opinion

State v. Hardin

Supreme Court of Kansas

Decided September 15, 1863PublishedCited by 7 opinions

The facts of the case appear in the opinion of the court. The question raised is as to the sufficiency of the indictment in charging an offense. The charge is “ did then and there unlawfully suffer and permit a gaming device, to wit: a pack of cards, to be used for purposes of gambling and gaming, in a house called the ‘ Union Saloon,’ kept and owned by him in the toVn of Seneca, by divers persons, and for divers sums of money to the jurors unknown,” &c.

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The facts of the case appear in the opinion of the court. The question raised is as to the sufficiency of the indictment in charging an offense. The charge is “ did then and there unlawfully suffer and permit a gaming device, to wit: a pack of cards, to be used for purposes of gambling and gaming, in a house called the ‘ Union Saloon,’ kept and owned by him in the toVn of Seneca, by divers persons, and for divers sums of money to the jurors unknown,” &c. The statute is, that “every person who shall permit any kind of gambling device, adapted, devised and designed for the purpose of playing…

1Opinion of the Court

*476By the Court,

Bailey, J.

The grand jury for the county of Nemaha at the October term of the district court for that county in 1862, found a bill of indictment against Lewis Hardin, the appellee, in which they charge that said Hardin “ with force and arms at Seneca, in said county of Nemaha, on the 10th day of April, A. D. 1862, did unlawfully suffer and permit a gaming device, to wit: a pack of cards, to be used for purposes of gambling and gaming in a house called the ‘ Union Saloon,’ kept and owned by him in the town of Seneca, by divers persons and for divers sums of money to the jurors…

2Cited by7 opinions

  1. Commonwealth v. CorbettMassachusetts Supreme Judicial Court · 1940
  2. State v. PratherSupreme Court of Kansas · 1909
  3. State v. BrownSupreme Court of Kansas · 1925
  4. White v. StateIndiana Court of Appeals · 1906
  5. Black v. CommonwealthCourt of Appeals of Kentucky · 1916

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