State v. Lemon
Supreme Court of Missouri
Appeal from Fifth District Court. contended that certain legislation intended for the suppression of horse-racing, by rendering all debts incurred by betting thereon not collectable, might amount to such a constructive prohibition as would render the act punishable by indictment. (2 Bish. Grim. Law, § 591; State v. Posey, 1 Humph. 884; Huff v. The State, 2 Swan, 279 ; Meyers v. State, 3 Snead, 98.) . No counsel appeared for respondent.
1Opinion of the Court
Wa&neu, Judge,
delivered the opinion of the court.
The defendant was indicted in the Circuit Court of Caldwell county for betting money “ upon a game then and there played by means of a gambling device called a horse-race, which was then and there adopted, devised, and designed for the purpose of playing games of chance, for money and property, against the form of the statute,” etc.
On motion, the indictment was quashed, and the State appealed, This is an attempt to bring horse-racing within the provisions of the statute against gaming. (1 Wagn. Stat. 502, §§ 16-18.)
The question has been…
2Cases cited1 opinion
- State v. HaydenSupreme Court of Missouri · 1860
3Cited by1 opinion
- State v. WadeSupreme Court of Missouri · 1916