Legal Opinion

State v. Hayden

Supreme Court of Missouri

Decided October 15, 1860PublishedCited by 5 opinions

Error to Monroe Circuit Court. The facts sufficiently appear in the opinion of the court. I. The court erred in overruling the motions to quash and in arrest. A horse race is not a gambling device.

1Opinion of the CourtNapton, Judge

This is an indictment charging the defendant in the betting one dollar “ upon a certain gambling device, commonly called a horse race.”

The sixteenth, seventeenth and eighteenth sections of the eighth article of our act concerning crimes and punishments contain the provisions under which this indictment was drawn, and by which it must be sustained, if it can be sustained at all. These sections prohibit setting up or keeping certain gambling devices described, some of which are enu*36merated — as “ A. B. C., faro bank, equality,” &c. — and prohibit betting upon them and upon games played at or by…

2Cases cited1 opinion

  1. Shropshire v. GlascockSupreme Court of Missouri · 1837

3Cited by5 opinions

  1. Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
  2. Utah State Fair Ass'n v. GreenUtah Supreme Court · 1926
  3. Swaggard v. HancockMissouri Court of Appeals · 1887
  4. Hayden v. LittleSupreme Court of Missouri · 1865
  5. State v. LemonSupreme Court of Missouri · 1870

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