State v. . Webster

Eeference to the second warrant shows that probably two offenses are charged — operating a gambling or gaming house and the unlawful possession of gambling devices. A perusal of the judge’s ■charge shows that he elected to present to, the jury, in this warrant, only the charge of keeping a gambling house, treating the references to sections 4434 and 4433 as surplusage, or as explanatory of the charge. 'The defendant took no exception to this treatment of the warrants.

There was plenary evidence to go to the jury as to both offenses submitted for their consideration, and the motions for…