Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-06
SUPREME COURT OPINION.
KsoxyIIE, TENNESSEE, SErrEuBER TEnu, 1867

THOMAS JULDwELL, ATTORNEY GENERAL AAp RLroEfER.
MONTGOMERY HARRISON ". TIE STATE.
This presentment against the plaintiff for
ming "a horse along public road contrary TO the form
Of the statute"
To The presenlmsnt the plaintiff plead in abste
The plea that the presenment was not found
the grand jury making the san7 but upon the
evidence and information Of certain witnessettng them
sad grand jury without authority OF law and in violation
this plea the State through her District Attorney, de-
INJURED Tho Court sustained the demurrer and granted the
entered which was favor Of the State end udg
Seut pronounced acoordngly from which an appeal pro-
The plantian error it is assumed that the Court
70 sSsainng the demurrer to the plea in abatement.
Inc Pss "a down IN Arehbod,s Criminal Peadnss-s''
page 5aiso l. hsi The matter Of tbe Plea is insufficient
5n. ~ y me &C., section os7, provides That ths
grand jury sha send Of Che laws against gsming Ia
them sTss tuTppSe ar 10 Este opened according to Law
Illegal -tipplins--dist1
s pT6vjsons Of this statute lsailon OF me com
law and cannot thsreioIe bc n vs. The state
sTss 20 Is. '''''' &c. that a.ll mar.
sons running aiding orsbettins IN rIuRng Setting
race in along any public road ID the "a
thereon shall be subject TO al the penalties Of una" ga
a ,ior il is evident that two distinct offences are
rSated The one run, aid or aee N -
race along public road although NO 49,, - 49, ar
the 9ti Gaming are nevertheless Ia tieF cha
gt sarafe and distinct. The mischief soashS 70 y f
s5 q, fhe one case r. totally different ironi me
NJ Sae a the annoyance and damage 10 travellers 90 e
,s bich.savs OF the country while the latter = tT
,soT on the crime Of gaming-Ihe STATE vs. tiu'e'
Nov Is running horse race along pnbne IoAe WV NJ
the v..n;r ~ fe word "gamiHg, used in the state
think not at least so far 70 authorize INC slaH & bJs
sshd for witnesses, after they were peiele '" " ~
T fiSsehttAent upon their evidence. , 49, %
INC object Of statute authorizing the e5ahu y.t
ho ot Witnesses clearly 10 enable them, oy so' ~ ~
az sAenineticn, 70 ascertain the connissiol %
$500 atea In the statute which can De e2nhi.'oe
~ az ~ snppFess them by vigorous punishment
nut me oeee OF running horae race along pubic road
and public 60 the view, and capable % MOOT than he
Z offences named Ia the statute. - f+' 49,
This Court in the Of the State Smith Msir. p "a
has defined gaming 20 be 'sny or cause "a ,i
commenced aud prosecuted, in consequence of a ~, -
GER with view determine the bet wager NM re-
event OF such contest action" '
Running horse public road when there il M,
bet wager being have seen, substantial oeaoe
does not IA opinion, fall within the meaning gaming
declared statute, and il the Circuit
Court 10 sustain demurrer the plea in abatement
The judgment the Court win be reversed and this Court
proceiFng-the presentment being for msdemeanOr 70
pronounce such Judgment the Circuit Court ought TO
have the demurrer and discharges
the prisoner Chttys Criminal Law so Mar. The State
Shaw and Rntledge, Hum. 3. -
true copy. hlLLLGANi
Test: judge sc,
". J.. PAsrrFsoS, Clerk