State v. Stallings

Decided December 15, 1852

Indiana Supreme Court · decided 1852-12-15

<p>Indictment for gaming, containing two counts; the first for money won and the second for money lost at a bet upon the result of a game of cards played by the defendant and others. The indictment did not state whether the bet was made with the persons played with, or with a third person. Held, that the indictment was bad.</p>

Decided 1852-12-15

Perkins, J.

¶1Indictment for gaming. Indictment quashed in the Circuit Court. It presents, in one count, that Andrew Stallings, late, &c., on, &c., at, &c., did unlawfully win in a bet made at a game of cards played by said Stallings and others, some named and some unknown, the sum of 10 cents.

¶2The second count charges that he lost said sum in a bet made at a game of cards played by, &c.

¶3The indictment does not show whether the bet was *532made with the persons played with, or with some third person, a spectator of the game, and is bad for uncertainty.

A. L. Robinson, for the state.J. Pitcher, for the defendant.Per Curiam.

¶4The judgment is affirmed.