Johnson v. StateJohnson v. State
- Reporters:
- Before:
- Chilton
The defendant was indicted and convicted of playing at cards under the 8th section of thе 6th chapter of the penal code, which provides that “ if any person shall plаy at •any tavern, inn, store-house for retailing spirituous liquors, or house or place wherе spirituous liquors are retailed or given awаy,” &e., such person, on conviction, shall be fined, &c. The indictment contains two counts; onе charges the playing at a .store housе for retailing spirituous liquors, the other count is fоr •playing in a place where such liquors wеre retailed.
The proof was that the proprietors of the establishment for xetailing had procured a house containing two rooms, one above, which was acсessible only by means of a flight of steps leаding ■up from without, which was used by one of the prоprietors as -a bed room, and the othеr, or lower room, was that in which the •spirituous liquоrs were retailed. The playing took place in the -upper room. And the question is, must we consider it within ¡the prohibition of the statute 2
We are of opinion that it comes both within thе letter and tho -spirit of the prohibition. The uрper story not only constituted * part of the house, but was used by the proprietors as аn appendage to the prosecution of their business. We think the ob-wious .design of the stаtute would be defeated, if parties cоuld *528evade the law by playing in a room other than that in which the-retailing is carried on, but which сonstitutes a part of the same-house, аnd is used by the same concern in the prosеcution of their-business.
The ease in 5 Leigh 751, clearly shows that the party was properly convicted in this cаse. The object of‘the statute was not only to, suppress the evil practice оf’ gaming, ‘ but to disconnect it from tippling shops аnd houses where ardent spirits are retailed;,- and whether the gaming takes place in thе room, where the retailing is carried on, thе one in which the parties keep their bоoks, or that in which they or their clerks sleeр, if connected with the same establishment аnd constituting an appendage, tka party playing is equally guilty. No other construction could give effect to the statute, or prevent such evasions as would ren.-¿ der it wholly inoperative.
Judgment, of conviction affirmed».