Commonwealth v. Ervine

Judge Marshall

delivered the Opinion of the Court.

Ervine having been indicted for permitting gaming in his house, came into Court and confessed himself guilty of the offence charged, and the Court thereupon rendered a judgment against him, without the intervention of a jury, for two hundred and fifty dollars. This judgment having been afterwards reversed by this Court — 5 Dana, 216 — and the cause remanded, Ervine pleaded not guilty, and the attorney for the Commonwealth joined issue on the plea. On the trial of this issue, the record of the defendant’s confession of guilt was offered in…