Commonwealth v. Dyer

Sporkin, J.,

— The matter comes before the court on a motion to quash an indictment drawn in the language of section 603 of The Penal Code of June 24, 1939, P. L. 872, 18 PS §4603, charging defendant, in one count, with unlawfully engaging in gambling for a livelihood and, in the second count, with unlawfully engaging in the habit and practice of gambling, he then being without any fixed residence.

Defendant assigns as the basis for his motion, first that the statute and/or the indictment contravene the Fourteenth Amendment of the Constitution of the United States and article I, sec. 9, of the…