Commonwealth v. Griffon
Commonwealth v. Griffon
Opinion of the Court
Opinion by
We attach no importance to the fact that the accusing or first clause of the indictment, does not contain a statement that the defendants permitted a gaming table, or a machine or contrivance ordinarily used in betting, to be set up on premises in their possession and under their control. If the specific facts stated show that the defendant has been guilty of a public offense, that, though informal, would be sufficient.
But we are of the opinion that the indictment was bad upon other grounds. The reasons for requiring an indictment at all is that the defendant ought to be apprised of the facts intended to be proved against him, and to be able,'after having .been tried, to plead his acquittal or conviction in bar of a second prosecution. In order that he may he prepared to meet the accusation against him, the facts constituting the alleged offense must be stated with at least reasonable certainty and distinctness, and only one offense should be embraced in a single count, and only such offenses as may be joined should be included in a single indictment.
This indictment charges that the defendants did permit divers persons to exhibit, set up and keep machines and contrivances used in betting, and that money and other things of value were bet on, and ' lost thereon. How many machines and how many contrivances were
That the indictment charged more than one offense was, of itself, a sufficient reason for sustaining the demurrer, and the judgment must be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.