6 Fla. 39 | Fla. | 1855
delivered the opinion of the Court.
The appellant was indicted and convicted for playing at a certain gaming table, at a certain game of cards. A motion was made in arrest of judgment on the following grounds, to wit :
Because, the first count in the indictment on which alone he was convicted, does not state the place, the name of the game, the name of the person with, or against whom the defendant played, or give any excuse for not giving such name. This motion was overruled and a judgment entered, from which defendant appealed to this Court. The case was argued mainly upon the last ground taken in arrest of judgment, and rightly so, for the first and second were untenable. The place being we think sufficiently stated, viz: “ in the County of Leon, at a certain gaming table.” The name of the game, it was unnecessary to State ; it is alleged to have been “ a certain game of cards.” This we deem sufficient. In the State vs. Bougher, 3 Blackf., 307, and the State vs. Maxwell, 5 Blackf., 230, which were in
In the case of the State vs. Stackey, 2 Blackf., 289, and the State vs. Jackson, 4 Blackf., 49, which were for retailing spirituous liquors without a license, the Court held that the indictment must state the name of the person to whom the sale was made, or state his name to be unknown.
In the case of Butler vs. the State, 5 Blackf., 280, it was held that “ an indictment for gaming must state the name of the person with whom defendant played, or allege the name to be unknown. In this case, the Court cite that of Halstead vs. the Commonwealth, 5 Leigh’s Virg. Reps., 724, which was for selling spirituous liquors, in which it was decided that the name of a purchaser in such a case need not be alleged, and remark that the reason given by the Court for that opinion is, that the purchaser is not injured by the offence. We conceive, however, (says the Supreme Court of Indiana,) that the third person’s name is required in such cases, not because he is injured, but because his designation is a material part of the description of the offence ; and that Court might with propriety have added, that even if the reason given by the Virginia Court was a sound one as to the purchaser of ardent spirits, it does not apply in a case of gaming, for there the injury to the person betting was the very evil against which
In the first the Court say: “before the Statute it was necessary to state in the indictment the particular game which the accused was charged with playing ; and if the evidence did not show that the particular game had been played, there would be no conviction,”—a greater degree of strictness than we require.
In the last case, Collier, C. J., said, “ the first question raised was brought directly to the view of the Court in the case of the State vs. Holland, et al., 3 Porter, 292. There the indictment charged the defendant with playing at cards and the Court determined that it was in conformity with the Statute which prescribes the requisites.” Our Statute prescribes no such requisites, but leaves the indictment as at
The indictment must be certain as to the person against whom the offence was committed. Ibid, Ed., 1840, page 27. Also as to the facts and circumstances, and intent constituting the offence. Ibid, 38. The circumstances must be stated with such certainty and precision that the defendant may be enabled to judge whether they constitute an indictable offence or not, in order that he may demur or plead to the indictment accordingly. Ibid, 39 ; and that there may be no doubt as to the judgment which should be given if the defendant should be convicted, Ibid, and Rex vs. Horne, Cowper 675 ; and that he may be enabled to plead a conviction or acquittal upon this indictment in bar of another prosecution for the same offence. The King vs. Mason, 2 Term Reps., 581. The King vs. Manoz, 2 Strange, 1127.
The Statute of 18 Geo., 2, chap. 34, sec. 8, enacts that, “ if any person shall win or lose at play or by betting at any one time the sum or value of ten pounds, or within the space of twenty-four hours the sum or value of twenty pounds, such person shall be liable to be indicted,” &c.
The form of the indictment under the latter clause of that Statute as given by Archbold, after the usual commencement and stating the time and place, &c., runs thus: