Sanner v. State ex rel. Gisriel
Sanner v. State ex rel. Gisriel
Opinion of the Court
delivered the opinion of the Court.
Elijah Johnson and Nathaniel Diggs were each indicted in the Criminal Court of Baltimore on the charge of keeping a room for the purpose of selling lottery tickets, and having pleaded guilty were each fined a thousand dollars. Gisriel alleged that he was the informer in the two cases, and that he was therefore entitled to one-half of the amount of the fines, by virtue of Article 27, section 176 of the Code. He therefore brought an action on the official bond of Sanner, the sheriff, to the use of himself as equitable plaintiff. Having recovered judgment, the sheriff and his sureties appealed.
The evidence showed that Gisriel called on the Marshal of Police and fold him that he had rented out the upper story of the house in which he conducted his business, and that for several days he had noticed at noon and in the afternoon a large number of white and colored persons going to the place, and that he thought that the policy business was carried on there. The evidence also showed that he gave to the Marshal a description of the building, telling him of the exits and entrances ; and that in consequence of this information the Marshal ordered the place to be raided by the police, and that they found a number of persons in one of the upper rooms and some of the equipments and appliances' used in carrying on the policy business ; that all
We must decide, on the supposition that this evidence is true, whether Gisriel is entitled to one-half of' the fines which the statute gives to the informer. It enacts that if any person shall keep a house, office or other place for the purpose of selling lottery tickets * * he shall ■ be subject to a penalty of a thousand dollars, to be recovered by indictment or by action of debt in the name of the State, one-half of which shall go to the informer. It is impossible .to mistake the meaning and intention so plainly expressed. Experience has shown that there were difficulties in the way of detecting and punishing this offence. The Legislature desired to increase the facilities for discovering when it had been committed by offering rewárds to those who were aware that the law had been violated ; provided they would give information to the proper legal authorities. The informers were not required to take part in arresting offenders; neither was it necessary that they should be witnesses at their trial. It does not increase the reputation of public trials for purity and justice, when the witnesses are to receive rewards in case of the conviction of the accused. Of course, under this statute the reward could not be payable except in case of conviction. But when conviction has taken place, and judgment has been rendered, and the fine paid, the only question in respect to the reward is the
The instructions given by the trial Court are in accordance with the views which we have expressed.
Judgment affirmed.
Reference
- Full Case Name
- ISAAC S. SANNER v. STATE OF MARYLAND, Use of WM. GISRIEL
- Status
- Published
- Syllabus
- Informers — Criminal Law — Fines for Violation of the Lottery Law. Where a statute provides that one-half of fines imposed for violation of the law shall go to the informer, that person is the informer within the statute who first gives notice to the police authorities that a violation of the law takes place in a certain house, and in consequence of this information arrests are made, followed by conviction and payment of the fine. It is not necessary that he should be a witness in the case, or have such personal knowledge of the crime as would make him a competent witness. Code, Art. 27, sec. 176, enacts that if any person keep a place for the sale of lottery tickets, etc., he shall be subject to a fine, “one-half of which shall go to the informer.” Plaintiff informed the Marshal of Police that he had reason to believe that the policy business was being carried on in a certain room at certain hours. In consequence of this information certain parties were arrested for a violation of the statute and convicted upon the evidence of other persons arrested at the same time. The police had no previous knowledge that the policy business was carried on at this place. In an action on the sheriff’s bond to recover one-half of the fines which had been paid to him, Held, that the plaintiff was the informer within the statute and entitled to recover.