State v. Miller

The indictment in this case charges, that the defendant kept a room “ to be used and occupied for gambling.” The defendant moved the Court to quash the indictment. The motion was sustained, and the defendant discharged.

The prosecution is founded on a statute which provides, that “ if any person or persons shall keep a room, building, arbor, booth, shed, or tenement, to be used and occupied for *503gambling, or if any person or persons, being the owner of any room, &c., shall rent the same to be used and occupied for gambling, the person or persons so offending shall, on conviction thereof, be…