Legal Opinion

Brazele v. State

Mississippi Supreme Court

Decided April 15, 1905PublishedCited by 4 opinions

From the circuit court of Pike county, Hon. Motse IT. Wilkinson, Judge. Brazele was indicted for keeping a gambling table. He demurred to the indictment, but the court below overruled the demurrer. Defendant then pleaded not guiilty; was tried, convicted, and sentenced, and appealed to the supreme court.

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From the circuit court of Pike county, Hon. Motse IT. Wilkinson, Judge. Brazele was indicted for keeping a gambling table. He demurred to the indictment, but the court below overruled the demurrer. Defendant then pleaded not guiilty; was tried, convicted, and sentenced, and appealed to the supreme court. The indictment, leaving off the formal parts, is as follows: “That Benjamin F. Brazele, in said county, on September 5, 190,4, did then and there, unlawfully, willfully, feloniously, become and was interested in a gaming table — to wit, a table on wbicb games at cards were then and there…

1Opinion of the Court

Whiteield, O. J.,

delivered the opinion of the court.

The indictment failed to charge that the defendant was “in any manner interested in the loss or gain of the said gaming table,” as required by the statute. This was a fatal omission.

The judgment is reversed, the demurrer sustained, the indictment quashed, and the defendant will be held to answer such proper indictment as may be hereafter preferred against him„

2Cited by4 opinions

  1. State v. GaaschWashington Supreme Court · 1909
  2. Pueblo v. BenítezSupreme Court of Puerto Rico · 1913
  3. State v. HardwickWashington Supreme Court · 1911
  4. People v. BenítezSupreme Court of Puerto Rico · 1913

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