¶1delivered the opinion and judgment of the court.—The court is unanimously of opinion that the presentment in this case is defective in substance, in not stating that the place where the playing cards is *687alleged to have been committed was a public place, or • « • place of public resort: and it is deemed unnecessary to enquire or decide whether there is any other defect in the said presentment. The court is therefore of opinion and doth decide, 1. That the presentment is not sufficient to justify the judgment of the county court. 2. That the circuit court ought to reverse the judgment of the county court, and, proceeding to give such judgment as the county court ought to have given, to quash the presentment.
10 Va. 686
Roberts v. Commonwealth
Decided December 15, 1840
General Court of Virginia · decided 1840-12-15
In the county court of Amelia, at August term 1837, the grand jury made a presentment in the following terms : “ We present Jacob Roberts and William Ligón for unlawfully playing cards at the grocery of Alfred R. Deaton and William B. Chapman, in the county of Amelia and within the jurisdiction of this court, within three months last past.
Decided 1840-12-15