Davis v. State
Supreme Court of Georgia
Indictment for playing and betting at cards, from Cherokee Superior Court. Tried before Judge Brown, at February Term, 1857. The testimony having closed, defendant’s counsel demurred to the indictment, and moved for a verdict of acquittal of the defendant, on the ground that said indictment in one and • the only count in the same, charged nine different and distinct offences, to-wit: playing and betting for money ?nd other things of value at a game of faro, loo, bragg,…
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Indictment for playing and betting at cards, from Cherokee Superior Court. Tried before Judge Brown, at February Term, 1857. The testimony having closed, defendant’s counsel demurred to the indictment, and moved for a verdict of acquittal of the defendant, on the ground that said indictment in one and • the only count in the same, charged nine different and distinct offences, to-wit: playing and betting for money ?nd other things of value at a game of faro, loo, bragg, bluff, three up, seven up, poker, vingtun, eucher, and other games played at cards; and on the further ground, that said…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The first ground of the demurrer was abandoned in deference to the decision in Wingard and Ham vs. the State, in 13 Geo. Rep., 396. See also, a similar case, decided at Macon, January Term, 1857.
The indictment did not state who it was with whom the accused played and bet. This was the second ground of the demurrer, and this, we think, was a good ground. There is a statute which prohibits playing and betting at cards witli negroes, as well as a statute which prohibits playing and betting at cards with white persons, and the punishment under the…
2Cited by4 opinions
- In re McDonaldWyoming Supreme Court · 1893
- Pines v. StateCourt of Appeals of Georgia · 1914
- Ex parte SweeneyNevada Supreme Court · 1883
- Thomas v. StateSupreme Court of Georgia · 1868