State v. Varnado

While on its merits this case probably presents a relatively unimportant matter, it is my opinion that the holding of the majority opinion is in direct contravention of the constitutional guarantees contained in our Bill of Rights and the jurisprudence of our state thereunder and will have such a far-reaching effect in all future prosecutions for offenses, that I feel constrained to dissent and assign my reasons therefor.

The district attorney has here charged the defendants in a bill of information, substantially in the general words of the statute, with the crime of gambling as defined in…