Strawhern v. State
Mississippi Supreme Court
Error to Monroe circuit court. Acker, J. Tbe opinion of tbe court contains all tbe facts of tbe case. 1. It is insisted for plaintiffs in error that botb James Marshall and William Marshall were competent witnesses to prove tbe innocence of Grizzle and Strawhern, and that tbe court erred in ruling to tbe contrary. Jones v. State, 1 Kelly, 610; 1 Greenleaf Ev., § 379. 2. Tbe court erred in refusing tbe instructions asked by tbe defendant.
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Error to Monroe circuit court. Acker, J. Tbe opinion of tbe court contains all tbe facts of tbe case. 1. It is insisted for plaintiffs in error that botb James Marshall and William Marshall were competent witnesses to prove tbe innocence of Grizzle and Strawhern, and that tbe court erred in ruling to tbe contrary. Jones v. State, 1 Kelly, 610; 1 Greenleaf Ev., § 379. 2. Tbe court erred in refusing tbe instructions asked by tbe defendant. The plaintiffs in error were indicted for playing for money; and the first charge was predicated on tbe position that under tbe law, tbe parties were not…
1Opinion of the Court
Sumí, O. J.:
This was a conviction, under the statute against gaming. The indictment contained two counts. The'fust charged “that William Marshall, James Marshall, Samuel Strawhern, and John P. Grizzle, late,” &e., “ did unlawfully play at a game commonly called “ ten-pins,” for money, and for one bank-note, then and there, of the value of five dollars,” &c. The second charged the same parties in the same form, with unlawfully playing at a certain game called “pool,” for money, and for a bank-bill of the value of one dollar. The defendant, William Marshall, pleaded guilty, and was fined. James…
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