Legal Opinion

Martin v. State

Mississippi Supreme Court

Decided October 15, 1893PublishedCited by 1 opinion

From the circuit court of Sunflower county. Hon. E. W. Williamson, Judge. The indictment in this case charges that the appellant, being a person of full age, did “ alloAv one Malcolm Gillespie, a minor, to play and bet at a certain gaming-table, to Avit, a crap-table, then and there kept and exhibited by him, the said Archie Martin.”

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From the circuit court of Sunflower county. Hon. E. W. Williamson, Judge. The indictment in this case charges that the appellant, being a person of full age, did “ alloAv one Malcolm Gillespie, a minor, to play and bet at a certain gaming-table, to Avit, a crap-table, then and there kept and exhibited by him, the said Archie Martin.” The defendant demurred to the indictment,-on the ground that it did not aver that the betting Avas for money or other valuable thing, and, generally, that it charged no offense. The demurrer was overruled, and the defendant was convicted. Hence this appeal. The…

1Opinion of the CourtWoods, J.

The word bet is employed in the statute under which the indictment in this case was drawn, in its usual and well-understood signification, and that is, to put to hazard a sum ascertained upon a future happening of some event then uncertain. It means the wagering of money or something of value. It is impossible to think of betting at a gaming-table without associating money or something of value with such betting. The statute was intended to keep minoi’s from the gaming-table; it punishes those who allow a minor to bet at any gaming-table exhibited by the offender, or in which he is concerned…

2Cited by1 opinion

  1. Rich v. StateCourt of Criminal Appeals of Texas · 1897

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