Longworth v. State

Roberts, Chief Justice.

The defendants were convicted under an indictment charging that they “ did unlawfully keep for the purpose of gaming a table resembling a billiard table.” The words “ resembling a billiard table” may be rejected as surplusage, so far as it is an attempt to describe the table, as it is not tantamount to an allegation that it was a “ billiard table,” and does not in terms describe a table that is licensed by law for gaming, as is the case with a billiard table.

The indictment may therefore be regarded as charging simply that the defendants “ kept a table for gaming,” which…