120 Ga. 201
Decided May 10, 1904
Supreme Court of Georgia · decided 1904-05-10
Indictment for maintaining gaming-house. Before Judge Cann. Chatham superior court. February 8, 1904. Bryan was indicted for keeping and maintaining a gaming-house. From the evidence offered by the' State it appeared that Bryan had a saloon and restaurant. Up stairs there was a room in which was a faro-bank, roulette-wheel and crap-table. Bryan’s name was on the door and place of business as proprietor of the bar and restaurant.
Key passage — most relied on by later courts
“The words `keep' and `maintain' are frequently used as synonymous, but if under the Penal Code, § 398, the offense may be committed by keeping or maintaining or by keeping and maintaining, proof that he had been guilty of either of the prohibited acts would sustain a charge that he had kept and maintained.”
quoted by 1 later decision, including 98 Ga. App. 521 - Estes v. State
Relies on Thomas v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1904-05-10
Cited by 8 later decisions — most recently November 1958
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The words “ keep ” and “ maintain ” are frequently used as synonymous, but if ‘under the Penal Code, § 398, the offense may be committed by keeping or maintaining, or by keeping and maintaining, proof that he had been guilty of either of the prohibited acts would sustain a charge that he had kept and maintained. Thomas v. State, 118 Ga. 774. The other points are sufficiently dealt with in the headnotes. The verdict was demanded by the evidence; and the judgment is
¶2Affirmed.