The People v. Goldman
| Decision Date | 01 January 1878 |
| Citation | 1 Idaho 714 |
| Parties | The People, Respondents, v. Michael Goldman, Appellant. |
| Court | Idaho Supreme Court |
KEEPING GAMING-HOUSE-GAMING.-The common law in relation to the offense of keeping gaming-houses is superseded by the statute of the sixth session, entitled "An act relating to all games of chance."
INTERPRETATION OF STATUTES.-The maxim that expressio unius est exclusio alterius is to be applied to the interpretation of statutes as well as to contracts.
APPEAL from the Third Judicial District, Oneida County.
Huston & Gray, for the Appellant. F. E. Ensign, District Attorney for the Respondents.
delivered the opinion;
At the July term, 1875, of the district court, in and for the county of Oneida, the defendant, Michael Goldman, was indicted under the common law for keeping and maintaining a common gaming-house. The indictment charges that on the first day of December, 1874, and at divers other days and times between that day and the finding of the indictment, the defendant, for lucre and gain, unlawfully and willfully did cause and procure divers idle and evil-disposed persons to frequent and come to play together at certain unlawful games of cards, called freezeout, draw poker, sancho pedro, and divers other unlawful games of chance, etc. The defendant demurred to the indictment, on the ground that the facts therein contained do not constitute a public offense, which demurrer was overruled by the district court, after which a trial was had, resulting in a verdict and judgment of conviction, and fine, from which judgment the appeal is taken to this court. The case comes to this court upon
the judgment-roll alone, and the only question for determination is whether the facts stated constitute a public offense.
At common law, the keeping of a common gaming-house is a public nuisance, and as such indictable; but it is claimed by the defendant that the common law, relating to that subject, was superseded by the act of the legislative assembly entitled, "An act relating to all games of chance," approved January 13, 1871, which was in force at the date of the alleged commission of the offense.
The act referred to, in its first section, provides, that a license shall be granted to any person or persons on the payment of fifty dollars per quarter for each of the following games kept, viz.: Faro, monte, E. O. or roulette, shuffle-board, or any other banking games at cards, dice, or other device provided, that no person shall have a license for...
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Gumprecht v. City of Coeur D'Alene
...all others." Peck v. State, 63 Idaho 375, 120 P.2d 820, 822; Drainage Dist. No. 2 v. Ada County, 38 Idaho 778, 786, 226 P. 290; People v. Goldman, 1 Idaho 714.' Poston v. Hollar, 64 Idaho 322, 330-331, 132 P.2d 142, 146 (1942). In the present case, application of that rule leads to the conc......
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