Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-07-20

no, forbidden The defendant has right to require that
the charge which he is called upon to answer should be
distinctly made and the place is of the very essence
of the charge the terms used should designate fof0id
den place, and forbidden place only. .
9 A house of entertainment merely, lie not "a tavern
within the 10Th section of the act, upon the true con-
suction of section and therefore the reasoning OF
the General Court in the case OF Rorthdm vs. Common
1cealth does not apply to this case.
The obvious intent and meaning Of that section 49, 10
embrace within the provisions OF The act OIL
public resort whether licensed or not as0 subject
The keepers of such houses we'll as those who play
there TO the penalties Of the act The whole context
and pocv of the sustans this construction 1t IS an
act TO suppress public gaming, or I'm the words OF the
preamble to the 9Th secon ITO prevent gaming al or
dinaries and other public places" The 10th section
does indeed use the terms cvery house of entertain
ment" not absolutely, however, but IN conne1on win
other words which xplan and modify their meaning,
and show what sort OF house OF entertainment the Lee
giseture contemplated. II is as II The secton Iead,
Every house of enter,ainment and public resort Or
&C that Is house OF public resort, or, teins Isoru
public resort 1t is impossible to suppose that the Lie,
gisa,ure meant 10 include under this section any ana
every house of entertainment of every description and
for any purpose. A has house at which b and WIN
their families board by the month"; by the year lhey
are not members Of AS family, and therefore,
house u.s. for Them house of ENTERTAINMENT butit VIII
scarcely he conended that such house is tdrern,
within the 10Th seaton of the gaming act
H. There is nothing on the face of the record, on
which payment be rendered against the Petlloner
Inc Jury ma MIN gully oi g"'n"s ~ "'''. "
entertainment" Now, n house of entertainment is
place Of public resort or it is not If j: not place
of public resort then, neither ez ~ teHt nor oy oPe
ration of law neither within the 5,h the 10th Sec
ton of the act is tia forbidden place and the Court
cannot pronounce judgment on such hndng any more
than if the jury had found the defendant guilty OF play
ing at The private house of or B. And if i'll place
of public resort then he is entitled to an acqua under
the express finding of the jury, that ne was not guilty
Of playing at place Of public resort. The whole YER
dict Of the jury must be taken together ano SO coGs
beyond all question: that whatever house OF enter
,anment may be- not place of public resort The
Conr, is of opinion, that the authority of orha vs.
Commonwealth is decisive in sustaining the second
count in the Indictment in the present case Inc case
referred to has decided lin conformity to the 10Th sec
ton of the gaming law that house OF puoic fesolt
whether licensed not is tavern and consequently
is public place within the terms Of the 9Th secton ano
that it lie sufficient that the indictment should, IN the
terms of the 10Th secton charge the gaming to have
been committed in house of public resort, and suen
charge s correct if laid in the words OF the filth
section.