State v. Nelson
Supreme Court of Missouri
The indictment is not bad in using the word “ gambling” instead of “ gaming.” Those words are used synonymously in the statute. State v. Mitchell, 6 Mo. Rep. 147. 1. The indictment should follow the words of the statute. 2. It is bad for duplicity.
1Opinion of the CourtRyland, Judge
At the April term of the Circuit Court of Daviess county, in the year eighteen hundred and fifty-three, the grand jury indicted the defendant, Joseph L. Nelson, and one William Johnson, for permitting gaming to be 'carried on in a house in their possession. The defendant, Nelson, was taken by the sheriff, and the capias returned “not executed on. Johnson.”
At the October term following, the defendant, Nelson, filed his motion to quash the indictment, which motion is as follows : “ The defendant, Joseph L. Nelson, moves the court to quash the indictment in this case, because the same is not in…
2Cases cited1 opinion
- State v. EllisSupreme Court of Missouri · 1837
3Cited by4 opinions
- State v. HeinzeMissouri Court of Appeals · 1891
- State v. CannonSupreme Court of Missouri · 1911
- State v. DysonMissouri Court of Appeals · 1890
- State v. BoyerMissouri Court of Appeals · 1897