177 Ind. 363 | Ind. | 1912
Appellant was tried in the city court of the city of Indianapolis for the offense of visiting a gaming house, and convicted. On appeal from that conviction to the Criminal Court of Marion County he was tried on the same affidavit by the court, again convicted, and adjudged to be fined $10 and imprisoned in the county jail ten days. Prom this judgment he appeals here, and assigns as errors the overruling of his motion to quash the affidavit and his motion for a new trial.
Section 2371 Burns 1908, Acts 1905 p. 584, under the provisions of which appellant was charged and convicted, reads as follows: “Whoever, being a male person, frequents or visits a house or houses of ill-fame or of assignation, except as a physician to treat a patient or patients, or associates with women known or reputed as prostitutes, or frequents or visits a gambling house or houses, or is engaged in or about a house of prostitution, shall, on conviction, be fined not less than’ ten dollars nor more than one hundred dollars, and shall be imprisoned in the county jail not less than ten days nor more than sixty days.”
Omitting the caption and preliminary matter, the affidavit against appellant charges, “that Ora Ohristison being then and there a male person, late of said city and county, on or about the 15th day of February, 1910, at and in the city and county aforesaid, did then and there unlawfully visit a
Finding no error in the record, the judgment is affirmed.
Note.—Reported in 98 N. E. 113. See, also, under (1) 20 Cyc. 901; 22 Cyc. 344; (2) 20 Cyc. 900; (3) 36 Cyc. 1035; (4 and 5) 20 Cyc. 914. On the question of the offense of keeping a gaming house as affected by restrictions on admissions, see 33 L. R. A. (N. S.) 549.