State v. Ramsauer
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) The misdemeanor as defined by the statute is the setting up of a gaming device in any house of which the defendant has “at the time the possession and control,” which is not charged in this indictment. State v. Moore, 55 Mo. App. 326; R. S. 1899, sec. 2196. (2) An offense created and defined by the statutes must be charged in the language of the statute, or in language of equivalent import.
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Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) The misdemeanor as defined by the statute is the setting up of a gaming device in any house of which the defendant has “at the time the possession and control,” which is not charged in this indictment. State v. Moore, 55 Mo. App. 326; R. S. 1899, sec. 2196. (2) An offense created and defined by the statutes must be charged in the language of the statute, or in language of equivalent import. State v. Etchman, 184 Mo. 193. (3) This indictment does not allege and charge that the defendant was at the time the device was used…
1Opinion of the CourtCox, J.
Defendant indicted, tried and convicted of a misdemeanor, under section 2196, Revised Statutes 1899, and has appealed to this court. The indictment, omitting the caption, is as follows:
“The grand jurors for the State of Missouri, em-panelled, sworn and charged to inquire within and for the body of the County of Jasper and State aforesaid, upon their oath, present and charge that Bart Ramsauer, late of the county aforesaid, did on the-day of October, 1907, at the County of Jasper and State *403of Missouri, then and there unlawfully permit a certain table and gaming device called a pack of cards,…
2Cases cited8 opinions
- State v. FaulknerSupreme Court of Missouri · 1905
- State v. FultonSupreme Court of Missouri · 1854
- State v. DysonMissouri Court of Appeals · 1890
- State v. HoganSupreme Court of Missouri · 1861
- State v. ScaggsSupreme Court of Missouri · 1862
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3Cited by3 opinions
- State v. PrivittSupreme Court of Missouri · 1931
- State v. HogleMissouri Court of Appeals · 1911
- State v. HoldenMissouri Court of Appeals · 1910