Poteete v. State
Poteete v. State
Opinion of the Court
The defendant is indicted, under section 4214 of the Code (1876), for knowingly permitting a room, which he had leased as tenant of one Steele, to be used for gaming purposes. The question is, whether, being a 'fuere lessee, he may be regarded as “ the owner or proprietor” of such room, within the meaning of the statute. We are clearly of the opinion that he can be. The words “ owner or proprietor” have no technical, legal signification, but are merely words of common parlance. They include any one having a beneficial interest, whether such interest be entire or partial. As said by Lord DicNMAN, C. J., in Lister v. Lobley, 6 Nev. & Man. 342, “ the owner of the fee, and the owner of a term in the land, are each of them am owner of. the land.” The word “ proprietor ” is of larger signification than “ owner,” and was evidently added so as to embrace any one in control, receiving beneficial
The defendant was properly convicted under the rulings of the court, and the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.