Commonwealth v. Arnold

Decided October 28, 1826

Massachusetts Supreme Judicial Court · decided 1826-10-28

<p>Cndictment on St* 1798, c. 20, alleges that the defendant, st being an innholder duly licensed,” permitted persons 66 to play at the game of cards in his said dwelling-house where he was then and there licensed as an innholder.” Held sufficient, this being equivalent to an allegation that he was in the actual employment of an innholder, and the words 66 the game of” being surplusage.</p>

Decided 1826-10-28

Per Curiam.

¶1The indictment is good. It states that the defendant was in the actual employment of an innholder.

¶2The statute makes it unlawful to permit playing cc at cards,” and the words (< the game of” maybe struck out as surplusage.1

¶3 See 1 Chitty’a Crim. Law, (3d Amer. ed.) 294,295, notes.