Brazele v. State

Mississippi Supreme Court
Brazele v. State, 86 Miss. 286 (Miss. 1905)
Whiteield

Brazele v. State

Opinion of the Court

Whiteield, O. J.,

delivered the opinion of the court.

The indictment failed to charge that the defendant was “in any manner interested in the loss or gain of the said gaming table,” as required by the statute. This was a fatal omission.

The judgment is reversed, the demurrer sustained, the indictment quashed, and the defendant will be held to answer such proper indictment as may be hereafter preferred against him„

Reference

Full Case Name
Benjamin F. Brazele v. State of Mississippi
Cited By
4 cases
Status
Published
Syllabus
Cbiminal Law. Gambling. Keeping gaming table. Indictment. If an indictment under Code 1892, § 1124, amended Laws 1896, p. 110, making it a crime to keep a gaming table, fail to charge that the defendant was interested in the loss or gain of the table, it will be fatally defective.