State v. Fletcher
| Citation | 18 Mo. 425 |
| Parties | THE STATE, Plaintiff in Error, v. FLETCHER, Defendant in Error. |
| Decision Date | 31 July 1853 |
| Court | United States State Supreme Court of Missouri |
1. An indictment which charged the defendant with permitting a gaming device to be “set up and used,” was held not bad for duplicity.
Error to Putnam Circuit Court.
Gardenhire, (attorney general,) for the State.
The defendant was indicted by the grand jury of Putnam county for permitting a gaming table to be set up and used, for the purpose of playing games of chance for money and property, in a certain house situated in said county, of which said house the said Fletcher then and there had the possession and control; and that he, the said Fletcher, did, knowingly, wilfully and unlawfully permit games of chance to be then and there played at and upon said gambling device, for money; and that money, to-wit, one dollar, was then and there bet, won and lost, contrary, &c.
The defendant moved to quash the indictment, because the same was bad for duplicity; the court sustained this motion, and quashed the indictment; the circuit attorney excepted to the opinion of the court, filed his bill of exceptions, and brings the case here by writ of error.
The indictment is framed on the 17th section of the 8th article of the statute concerning Crimes and Punishments. (R. C. 1845.) This section declares, that “every person who shall permit any gambling table, bank or device, prohibited by the fifteenth section, to be set up, or used, for the purpose of gaming, in any house, &c., of which he, at the time, had the possession or control, shall be adjudged,” &c. The fifteenth section, after naming several kinds of gaming tables, has the general expression, “or any kind of gambling table, or gambling device, adapted, devised and designed for the purpose of playing any game of chance for money or property,” &c. The defendant contends that the offense consists in permitting the gambling device “to be set up or used,” and not in both setting up and using; and that, in this indictment, he is charged with both setting up and using the gambling device, and also with permitting games of chance to be played on said gambling device.
1. In the opinion of this court, there is no force in the defendant's objection, and his motion to quash should have been overruled; there is no objection to charging several different acts, either one of which is an offense under the statute which creates it, in one indictment, or in one count of the indictment, although the...
To continue reading
Request your trial
-
State v. O'Kelley
...as in charging felonies (State v. Seiberling, 143 Mo.App. 318, 127 S.W. 106; State v. Hogle, 156 Mo.App. 367, 137 S.W. 21; State v. Fletcher, 18 Mo. 425; State Nelson, 19 Mo. 393); nor of the decisions of this and other courts holding that in misdemeanor as well as felony cases a plea of no......
-
State v. Brown
... ... Lowry v. The State, 1 Mo. 722; The State v ... Purdom, 3 Mo. 114; State v. Ellis, 4 Mo. 474; ... Eubanks v. The State, 5 Mo. 450; The ... State v. Mitchell, 6 Mo. 147; State v. Bates, ... 10 Mo. 166; State v. Ames, 10 Mo. 743; State v ... Fletcher, 18 Mo. 425; State v. Herryford, 19 ... Mo. 377; State v. Fulton, 19 Mo. 680; State v ... Scaggs, 33 Mo. 92; The State v. Dyson, 39 ... Mo.App. 297; The State v. Mosby, 53 Mo.App. 571; ... The State v. Mohr, 55 Mo.App. 325; State v ... Etchman, 184 Mo. 193, 83 S.W. 978; State ... ...
-
McClure v. People
...that the defendant 'forged and caused to be forged' is good. See, also, Com. v. Twitchell, 4 Cush. 74; Ben v. State, 22 Ala. 9; State v. Fletcher, 18 Mo. 425; State v. Morton, Vt. 310; Bish. Dir. & Forms, §§ 19-21; Bish. St. Crimes, § 244; Bish. Cr. Proc. §§ 434-453; Boldt v. State, 72 Wis.......
-
State v. Maurer
...same nicety is not required in drawing informations in cases of minor offenses as is required in charging common law felonies. State v. Fletcher, 18 Mo. 427; State Nelson, 19 Mo. 396; State v. Hogle, 156 Mo.App. 372; State v. Rouelle, 137 Mo.App. 623. WALKER, P. J. Brown and Faris, JJ., con......