Moffatt v. State
Supreme Court of Arkansas
Writ of Error to Ouachita Circuit Court. Moffatt and others were indicted in the Ouachita circuit court as follows: “The Grand Jurors &c., &c., present that Allen D. Dunn and William J. Dunn and William Moffatt and John Dougherty and James S. Dunn, alt late of sard county of Ouachita, with force and arms in said county of Ouachita, on the first day of May, A.D. 1848, then and there did bet money, the amount not known to the jurors, on a game of chance played with cards,…
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Writ of Error to Ouachita Circuit Court. Moffatt and others were indicted in the Ouachita circuit court as follows: “The Grand Jurors &c., &c., present that Allen D. Dunn and William J. Dunn and William Moffatt and John Dougherty and James S. Dunn, alt late of sard county of Ouachita, with force and arms in said county of Ouachita, on the first day of May, A.D. 1848, then and there did bet money, the amount not known to the jurors, on a game of chance played with cards, calle dp.'.-cre, which said game of chance called pon'c was played by the said Allen D. Dunn and William J. Dunn and William…
1Opinion of the CourtJustice Scott
The indictment in this case is upon the 8th section of the gaming statute (Dig. 367). A demurrer was interposed and overruled, and the defendant below was fined.
The first objection taken here is predicated upon a diminution of the record. That has been obviated by the return of a special certiorari directed by this court to be issued of its own motion, (a.)
The only remaining objection challenges the indictment for want of certainty.
It has been often held here, upon unquestionable authority, that, in general, it is sufficient certainty in an indictment upon a statute, to allege the offence in…
2Cases cited4 opinions
- United States v. GoodingSupreme Court of the United States · 1827
- Redpath v. NottinghamIndiana Supreme Court · 1840
- Iseley v. StateIndiana Supreme Court · 1847
- Webster v. StateIndiana Supreme Court · 1847
3Cited by5 opinions
- Arizona v. ManypennySupreme Court of the United States · 1981
- State v. B'GosSupreme Court of Georgia · 1932
- Arizona v. ManypennySupreme Court of the United States · 1981
- State v. MasserySupreme Court of Arkansas · 1990
- State v. MasserySupreme Court of Arkansas · 1990