Commonwealth v. Perrigo
Court of Appeals of Kentucky
CASE 3 — INDICTMENT APPEAL FROM BRECKINRIDGE CIRCUIT COURT. cited Crim. Code, sec. 125. cited Commonwealth vs. White, 18 B. Mon., 493; Commonwealth vs. Cook, 13 B. Mon., 149.
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
The indictment charges that the defendant suffered certain named persons “to play in a house, or on premises in the county aforesaid, then in the occupation and under the control of the said Perrigo, a game of cards, at which game of cards, played as aforesaid, money or property was won and lost.”
This indictment was held insufficient upon demurrer.
The rule is well settled, that an indictment must set forth ' the offense with such certainty as to apprise the defendant of the nature of the accusation upon which he is to be tried and to constitute a…
2Cited by4 opinions
- Davis v. CommonwealthCourt of Appeals of Kentucky · 1877
- Commonwealth v. HeathCourt of Appeals of Kentucky · 1896
- Parker v. CommonwealthCourt of Appeals of Kentucky · 1876
- Aubrey v. CommonwealthCourt of Appeals of Kentucky · 1871