State v. Gray
Montana Supreme Court
Appeal from District Court, Silver Bow County. William 0. Speer, Judge. Information against the defendants, W. Gray and others, for keeping and maintaining a gambling house, or place where gambling is carried on for money, without a license. The defendants filed, a general demurrer, which was sustained by the court, and the defendant's were discharged. The state appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Silver Bow County. William 0. Speer, Judge. Information against the defendants, W. Gray and others, for keeping and maintaining a gambling house, or place where gambling is carried on for money, without a license. The defendants filed, a general demurrer, which was sustained by the court, and the defendant's were discharged. The state appeals. Statement of the case by the justice delivering the opinion. The material part of the information charged defendants with “Intentionally and knowingly conducting, keeping, and maintaining a certain room and house in which the…
1Opinion of the CourtHunt, J.
The record does not show why the district court sustained the.general demurrer. Possibly it was because the information first charges the defendants with keeping the room, and in the latter part thereof sets forth that they kept, maintained, and carried on the game referred to in the room, knowing that their employer had not secured a license for keeping and maintaining the house or room where the game was dealt or played for money. There may be some ambiguity of expression in the information, but the facts pleaded are that the. defendants kept and maintained the house where ‘ ‘fan tan’ ’ was…
2Cases cited6 opinions
- People v. CarrollCalifornia Supreme Court · 1889
- People v. LungCalifornia Supreme Court · 1886
- Wren v. StateSupreme Court of Alabama · 1881
- In re Lee TongDistrict Court, D. Oregon · 1883
- Chase v. PeopleSupreme Court of Colorado · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- City of Toledo v. JohnsonOhio Court of Appeals · 1938