Legal Opinion

State v. Mann

Oregon Supreme Court

Decided September 15, 1867PublishedCited by 19 opinions

Appeal from, Multnomah County. This is a criminal action for a violation of section 667, of the Code of Criminal Procedure.

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Appeal from, Multnomah County. This is a criminal action for a violation of section 667, of the Code of Criminal Procedure. The indictment charges that “ the said J. C. Mann, on the 29th day of January, 1867, in the county aforesaid, did willfully and unlawfully permit a gambling device, prohibited by section 666 of the said Code, to witj a game of cards commonly called poker; the same being a game of chance to be set up in a house by him occupied, and of which he had the control, for the purpose of gaming and playing a game of chance for money.” The appellant demurred to the indictment, on…

1Opinion of the CourtPrim, J.

The indictment charges that Mann did unlawfully permit a “ gambling device ” to be set up in a house by him occupied or under his control, which was prohibited by section 666 of the Code of Criminal Procedure. The device specified in the instrument is “ a game of cards commonly called poker.” Section 666 of the Code is in these words: “ All gambling devices of whatever name or nature adopted, devised or designed for the purpose of playing any game of chance for money, &c., are prohibited from being set up, used, &c.” It will be seen that the “game of cards commonly called poker ” is not…

2Cited by19 opinions

  1. Sessions v. DimayaSupreme Court of the United States · 2018
  2. People v. McMurchyMichigan Supreme Court · 1930
  3. People v. GouldingMichigan Supreme Court · 1936
  4. State v. SorianoCourt of Appeals of Oregon · 1984
  5. State v. AnthonyOregon Supreme Court · 1946

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