State v. Hubbard

Decided December 15, 1852

Indiana Supreme Court · decided 1852-12-15

<p>An indictment for keeping a gaming-house was held not to be bad for charging that the defendant kept a house instead of his house to be used for gaming, the latter term being employed by the statute defining the offense.</p>

Cited by 1 later decisions — most recently May 1881

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-12-15

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Perkins, J.

¶1Indictment against John C. Hubbard for keeping a gaming-house.

¶2The indictment charges that the defendant, during a certain space of time, kept a house to be used for gaming, &c.

¶3The statute (R. S. p. 981, s. 100) enacts that if any person shall keep his house to be used, &c. The indictment was quashed below because the article a instead of the pronoun his was used in it in designating the house kept for gaming.

¶4We think that during the time the defendant kept a house, said house was, in contemplation of the enactment in question, his house, and that the indictment is, therefore, sufficiently certain.

Per Curiam.

¶5The judgment is reversed with costs. Cause remanded, &c.