Public-domain · open source
OpenJurist

48 Ark. 40

State v. Hester

Supreme Court of Arkansas

Decided November 15, 1886

Supreme Court of Arkansas · decided 1886-11-15

Hon. John M. Bradley, Judge. The appellee was indicted under sec. 1835, Mans Dig., for gaming. A demurrer to the indictment was sustained. The indictment followed the statute in charging the game to have been one of “ hazard or skill.” It is supposed that the use of the disjunctive “or” was the objection to the indictment. Sec. 3107, Mans.

Cited by 1 later decisions — most recently July 1901

1 state decisions

Cited in Anderson (1889)’s definition of “Orchestra”

Good law ✅— No negative treatment on recordhow we know

Decided 1886-11-15

View the full empirical analysis of this case →

Cockrill, C. J.

¶1The appellee was indicted under sec. 1835, Mans. Dig., for gaming. He was charged with playing a game known as “ craps,” which the indictment alleged was 8 game of “ hazard or skill.” A demurrer was sustained to the indictment.

¶2It is supposed that the disjunctive “or” was the objection to it. There is, however, no duplicity in the indictment.

¶3The accused was called upon to answer to the charge of betting at a specific game — not one of several games described in the alternative — and if that game was one of hazard or skill, and he had bet at it, the offense was com. píete.

¶4The judgment is reversed and the cause remanded, with instructions to overrule the demurrer.

/48/ark/40 · .json · Public domain