State v. Fant
Supreme Court of South Carolina
Motion to reverse a decision of Brevard, J., in Fairfield dis. trict, on a motion in arrest of judgment, after verdict of guilty, on an indictment against Fant, as keeper of a tavern, for allowing the other defendants to game in his house ; and against the others for gaming, contrary to act of assembly of 1802. The act imposes a penalty of $50, on tavern keepers, for permitting gaming, and $25 on those who shall play at any of the games prohibited.
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Motion to reverse a decision of Brevard, J., in Fairfield dis. trict, on a motion in arrest of judgment, after verdict of guilty, on an indictment against Fant, as keeper of a tavern, for allowing the other defendants to game in his house ; and against the others for gaming, contrary to act of assembly of 1802. The act imposes a penalty of $50, on tavern keepers, for permitting gaming, and $25 on those who shall play at any of the games prohibited. The defendants were all included in one indictment, which did not state any •particular place where the offences were committed, but laid them to…
1Opinion of the CourtGrimke, J.
The judgment was properly arrested on the first ground of objection to the conviction. The offences are distinct; different in their nature, and admitting of different degrees of punishment, and ought not to have been combined in the same indictment.
The second ground of objection was not sufficient to arrest the judgment. It does not appear to be necessary to lay a particular place in any indictment, unless the offence be local in its nature. It is generally sufficient to state in the indictment that the offence was committed in the district in which it is found, to bring it within the *488jurisdi…
2Cases cited1 opinion
- Hanuu v. WilliamsHawaii Supreme Court · 1860