Legal Opinion

Lescallett v. Commonwealth

Supreme Court of Virginia

Decided April 20, 1893PublishedCited by 17 opinions

Error to judgment of hustings court of city of Richmond, rendered June 10, 1892, in a prosecution against the plaintiff in error for an alleged violation of the act of February 25, 1892, to prevent and punish betting, &c.

Read the full summary

Error to judgment of hustings court of city of Richmond, rendered June 10, 1892, in a prosecution against the plaintiff in error for an alleged violation of the act of February 25, 1892, to prevent and punish betting, &c. Acts 1891—’92, p. 626. The title of the act is as follows: “ An act to prevent and punish betting, gambling, and the malting, writing, or selling of books or pools or mutuals on the result of any trotting race of horses, or race of any kind, or on any election, or any contest of any kind, or game of baseball.” The first section of the act makes it “ unlawful for any person…

1Opinion of the Court

Lewis, P.,

(after stating the case,) delivered the opinion of the court.

It is contended, first, that, the trial court erred in overruling the demurrer to the second count of the indictment. The ground of this contention is that the object of the latter portion of the first section of the statute, upon which the second count is founded, in regard to keeping a house for betting, or permitting betting therein, is not expressed in, or germane to, the title of the act, and is, therefore, invalid, under the provision of the Constitution that “ no law shall embrace more than one object, which shall…

2Cases cited7 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  3. United States v. LacherSupreme Court of the United States · 1890
  4. Harris v. CommonwealthSupreme Court of Virginia · 1885
  5. State v. HughesWest Virginia Supreme Court · 1883

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Commonwealth v. BrownSupreme Court of Virginia · 1895
  2. Sutherland v. CommonwealthSupreme Court of Virginia · 1909
  3. Enoch v. CommonwealthSupreme Court of Virginia · 1925
  4. Ingles v. StrausSupreme Court of Virginia · 1895
  5. United States v. Jay CohenCourt of Appeals for the Second Circuit · 2001

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API