Commonwealth v. Blankinship

• Decision Date: 04 December 1895
• Citation: 42 N.E. 115,165 Mass. 40
• Parties: COMMONWEALTH v. BLANKINSHIP et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

165 Mass. 40

42 N.E. 115

COMMONWEALTH v. BLANKINSHIP et al.

Supreme Judicial Court of Massachusetts, Plymouth.

December 4, 1895

This was a complaint charging defendants with being present in rooms used as and for a common gaming house. At the trial, defendants asked the court to rule, "fourth that upon all the evidence the jury must return a verdict of not guilty;" and, "fifth, that if these rooms were not open to the general public, and were resorted to only by members of said club, or their invited guests, said rooms were not a common gaming house, even if games for money were there played." The court declined to so rule. The defendants were convicted and excepted. Other facts are stated in the opinion.

COUNSEL

R.O Harris, Dist. Atty., for the Commonwealth.

H Kingman, for defendants.

OPINION

KNOWLTON J.

The only exception argued in this case is to the refusal of the judge to give the fourth and fifth instructions requested. There was ample evidence to warrant a finding that the rooms referred to were fitted up for the purpose of gaming, and were commonly resorted to and were used as a common gaming house. The jury might disbelieve the testimony introduced in behalf of the defendants for the purpose of avoiding the ordinary inferences to be drawn from the circumstances shown by the commonwealth. The fourth request was therefore rightly refused.

The fifth request presents the question whether, if an incorporated club, having 150 members, occupies rooms which are commonly used for gambling by the members of the club and such other persons as the individual members invite to come there, it is taken out of the statutes in reference to common gaming houses by the fact that it is not open to the public generally. Under the English statute, which is not identical with ours, it is held that a building may be a common gaming house, although resorted to only by members of a club for whose use the place is maintained. Jenks v. Turpin, 13 Q.B.Div. 505. Gaming houses in this country and in England are seldom open to all the public. Usually only those persons are admitted who are supposed to be willing to have the law violated in this way. Often strong doors and double locks are used to keep out, not only officers of the law, but all others who are not known to the proprietor, or vouched for by his friends. The word "common," as applied to a gaming house, does not necessarily mean that it is open to...