Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1876-09-02

Wuat 10 ooHiiHth'5 Saheu iottCiieS
policies, or any writing, card, paper
or document in the nature OF bet,
wager, or insurance upon the drawing
or. drawn numbers of any public or
private lottery, or indorses book or
any ether document for. the purpose
of enasling others to sell or vcnd lot.
terry pol cies, is deemed common
gambler, aud is punishable as for
misdemeanor.
With this accurate analysis in view,
what is there, then, in section one, or
in any other part of the new statute,
that comes inNcontlict with section 393
Of the penal code.
1t is quite true that a subsequent
statute inconsistent with or repagaans
TO a former one, repeals it by impli-
cation; aild,that WhGH revising sta
tute covers the whole subject.mattcr
OF ee,eeae44stt IS. $. A 44tes, il
peals them, without any express re-
pcaling clause,
ln e, S. v. Tynen, Ii, Wallace, sS,
it WAS held that subsequent statute
on the same subject, which, embraces
all the provisions OF former onc, and
also new provisions, and imposes -dif-
fcrcnt or additional pcnaltics, operates
as repeal of the former ACT, without
any repeating clause.
But statute is no. repealed by a
subsequent one, unless the latter use
ap, and appropriate words for that
purpose; or Unless there he such di.
rect and absolute repugnaney between
them, that both caunot stand TO.
gether.
This new act, section six, merely
arepculs all acts and parts OF acts in
conflict with ii. Everything else in
the penal code must stand; and what
remains must be construed together.
The punishment under the code for
keeping and exhibiting a gambling
table, for gambling purposes, was by
Imprisonment in county Jail not ex-
-cceding one year, or by fine not cy-
ceeding FIVE hundred dollars, or by
both such fine An Imprisonment.
The punishment under the new act
is by imprisonment in the county Jail
for not less than five nor more than.
twenty days, or by fine not less than
fifteen nor more than one hundred dol
lars; to which is added a forfeiture Of
all furniture or movable apparatus
within the establishment.
H. ,,1.,,,s tbnt sf ,,.,,, ,,r,1!
vides milder punishment than WIS
before imposed for the same offensc,
T it repeals SO much Of the old law as
concerns the punishment.
| II follows, therefore, that whilst
the punishment is altered. Sc etion Que
of the act OF January 10, 1873, is but
q general, substantial cnuuciation or
confirmation of the old law as con.
tanned in. the first clause of section
393--the two enactmeiits being al
most identical, aud bearing the same
meaning; whilst the other clauses Of
/ that section remain intact and unre-
peaied.
The next inquiry is-do The facts
stated in the Indictment constitute y
public olfense? BY section22l Of the
code Of criminaf procedure it is pro-
vided that words used in statute
to define public oifense need not be
strictly pursued in the Indictment
but other words conveying the
the same meaning may be used.
/ Other requisites to an indictment are
a statement of the acts constituting
4 the offense, In ordinary and concise
language, aud in such manner as tc
enable person Of common under
standing 70 know what is intended
and that the act, charged as the Of
fense, be stated with such degree o
certainty as to enable the court te
pronounce Judgment upon n convic
ton, according to the right of the
case.
[sections 2l4, 22a Code Of Or
| Proc.
Another important section (223) IL
that no indictment is insufficient, no
can the trial, judgment, or other pro
!. ceedings thereon be affected, by rea
!. sou of . defect or imperfection i
matter of form, which does not ten
to the prejudice of the substantia
rights Of the defendant upon the mer
its.
Measured by these standards, ho,
is it with the present case? Tn
words used In the old statute to de
r fine this ofepse are, every person whe
for gambling purposes, keeps or G,
hibits any gambling table or estab
lshment, or device, or apparatus,
v deemed common gambler e.. pre-
# sumption Of law and is punishable
e etc.
o In the new statute the-ofense is dc
e fined 10 the following words: 4 sha
e be unlawful for any person to keep o
}. exhibit any table or gambling appsrs
J. tus of any kind or description, o