Stokes & Johnson v. State
Court of Appeals of Mississippi
In error from the circuit court of Holmes county; Hon. Robert C. Perry, judge. 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 on appellants.
Read the full summary
In error from the circuit court of Holmes county; Hon. Robert C. Perry, judge. 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 on appellants. 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, 774; 3 lb. 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.…
1Opinion of the CourtChief Justice Smith
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 directions of 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 by12 opinions
- Bruner v. Superior CourtCalifornia Supreme Court · 1891
- Imboden v. PeopleSupreme Court of Colorado · 1907
- City of Tampa v. KaunitzSupreme Court of Florida · 1897
- Chase v. StateMississippi Supreme Court · 1872
- State v. MuldoonSupreme Court of Rhode Island · 1941
7 more not listed; retrieve them via the Exa API.