State v. Fulton

• Citation: 19 Mo. 680
• Parties: THE STATE, Appellant, v. FULTON & WILLIAMSON, Respondents.
• Decision Date: 31 March 1854
• Court: United States State Supreme Court of Missouri

19 Mo. 680

THE STATE, Appellant,

v.FULTON & WILLIAMSON, Respondents.

Supreme Court of Missouri.

March Term, 1854.

1. In an indictment under the 15th section of article 8 of the act concerning crimes and punishments, (R. C. 1845,) for enticing and permitting persons to play upon a gambling device, kept by the defendant, it is not necessary to allege that money or property was bet, won or lost. An indictment which follows the language of the statute is sufficient.

Appeal from St. Louis Criminal Court.

H. A. Clover, for the State.

G. W. Cline, for respondents.

RYLAND, Judge, delivered the opinion of the court.

At the January term of the St. Louis Criminal Court, in the year 1854, the defendants were indicted for setting up and keeping a faro bank. They appeared and moved to quash the indictment. Their motion was sustained, and the indictment quashed. The circuit attorney excepted and brings the case here by appeal.

The indictment is as follows:

“State of Missouri, county of St. Louis, ss. St. Louis Criminal Court, January term, 1854. The grand jurors of the state of Missouri, within and for the body of the county of St. Louis, now here in court, duly impaneled, sworn and charged, upon their oath present, that John Fulton and Alexander Williamson, late of St. Louis, in St. Louis county, on the first day of February, in the year of our Lord one thousand eight hundred and fifty-three, and on divers other days and times, between that day and the day of the finding of this indictment, at St. Louis, in St. Louis county aforesaid, unlawfully did set up and keep a certain table and gambling device, commonly called a faro bank, the same being then and on said other days and times there a gambling device, adapted, devised and designed for the purpose of playing a game of chance for money and property; and did then and on said other days and times there induce, entice and permit certain persons, to the jurors aforesaid unknown, to bet and play at and upon a game played at and by means of such gambling device, on the side and against the keeper thereof, against the peace and dignity of the state.”

1. Is the indictment sufficient? If so, then the court below erred in quashing it.

The indictment is framed under the 15th section, article 8, of the act concerning crimes and punishments. (R. C. 1845, p. 401, 402.) This section is as follows: “Every person who shall set up or keep any table or gambling device, commonly called A. B. C., faro bank, E. O., roulette, equality or...