Commonwealth v. Weiss

Baldrige, J.,

Opinion by

The indictment in this case sets forth that the appellant, who was in charge of a novelty store in Phila delphia did unlawfully “erect, set up, establish, maintain, keep up, and continue......a public and common nuisance, in that he......unlawfully did...... keep and exhibit a gaming device and apparatus, to wit, a certain punch board to win or gain money or other property of value: contrary to the form of the Act of the General Assembly in such case made and provided,......”

A trial was had before Milner, J. without a jury, which resulted in a conviction and an…