People v. Weiss
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from a judgment and order of the County Court of Kings county, entered in the office of the clerk of said county on the 30th day of April, 1913, sustaining defendant’s demurrer to an indictment charging the respondent with maintaining and suffering a place to be used for gambling, and with being a common gambler. The indictment contains three counts.
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Appeal by the plaintiff, The People of the State of New York, from a judgment and order of the County Court of Kings county, entered in the office of the clerk of said county on the 30th day of April, 1913, sustaining defendant’s demurrer to an indictment charging the respondent with maintaining and suffering a place to be used for gambling, and with being a common gambler. The indictment contains three counts. The first charges the defendant with “ the crime of keeping a room to be Used for gambling, committed as follows: The said Samuel Weiss on or about December 1st, 1912, and thence…
1Opinion of the Court
Rich, J.:
Section 970 of the Penal Law provides that a person who is owner, agent or superintendent of a place, or of any device or apparatus for gambling, or who hires or allows to be used a room, table, establishment or apparatus for such a purpose, is a common gambler.
Section 275 of the Code of Criminal Procedure provides that the indictment must contain: “1. The title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties; 2. A plain and concise statement of the act constituting the crime, without unnecessary repetition.” And…
2Cases cited5 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- People v. . DimickNew York Court of Appeals · 1887
- People v. . CorbalisNew York Court of Appeals · 1904
- People v. TrainorAppellate Division of the Supreme Court of the State of New York · 1901
- People v. EmersonNew York Supreme Court · 1889
3Cited by7 opinions
- People v. WilliamsNew York Court of Appeals · 1926
- People v. FlorenceNew York Court of General Session of the Peace · 1933
- People v. Carillo, New York County Courts1927
- People v. DuellAppellate Division of the Supreme Court of the State of New York · 1999
- People v. SchubertNew York Court of General Session of the Peace · 1931
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