Daily Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1876-1884, 1882-04-22


Line Of Reasoning, however.
The following opinion, which Ia
on fiie in the Supreme Court In an
appeal from the Superior Court of
SisNyou, has created quite q sen-
sstion among the Justices and
other legal lights in our midst.
Condensation would take away
from it the delicacy of its logical
satire and destroy the exquisite
humor of the judicial wit who rev
els In rare power OF reductio ad
absurddna:
Tho People, etc., We. c. J. Sanders
-Iuformation by the District
Attorney for s'gaming."
The defendant interp0ses q de-
murrer to the following informa-
ton, setting forth two causes OF
demurrer:
First-That it appears from the
face of the Information that the
facts stated do not constitute an
ofrsnse. This calls for q careful
consideration of the Act under
which the inform alton Is laid.
The Penal Code, section $50,
reads az follows:
"Every person who deals, plays
or carries on, opens or causes to be
opened, or who conducts, either az
owner or employee, whether for hire
or not, any game Of faro, monte,
roulette, lsnsquenet, rouge ct noir,
rondo or any other banking game,
PLAYED with cards or dice, or any
other device, for money, checks,
credit, or any other representative
OF value, is punishable by fine, OF
not less than two hundred dollars,
nor more than one thousand dol.
lars, and shall be Imprisoned in the
county jail until such ARe and costs
of prosecution are paid, such i'm
prisonment not to exceed ont
year,
Does the commission of any O.
the acts stated By the terms Of tbs
statute constitute public offenss
or crime? Under our code, (Sec
Is, Penal Code, crimes are divided
into two classes -felonies and mis-
demeanors.
They are treated of rs crimes thai
are 80 from being bad in them
selves, such as murder, larceny
etc., and actions and neglects that
are by statutory enactment made
crimes by being either commanded
or prehibited. The first, the crimes
na0x0 in Sc, were punished under
the comm on law; the latter, those
m0Id prohibitG. by the authority
by which the prohibition WAS en-.
acted. In California the Penal
Code aims to provide q punishment
for all Glasses of crimes. The
definition of crime, as given by
Lord Blackstone, "a VOL, Com, J. is
ian act committed or omitted il
violation Of q public law, either
gorbidding or commanding it,"
In q more limited sense, in early
law. an offanse to a felony only
constituted O crime; but, by stat
ute, the word embraces both felon
les and misdemeanors. Are tn,
acts complained of by this informa
ton nadla in sc, or q crime, unde
the common law?
THE OLD LAWS AGAINST GAM
BLING.
By all the elementary writers
s'gaming'. organizing, as it is nov
termed, was not in itself Grim
subjecting the party who played t
punishment, but common gamin,
houses were considered q nuisance
and could be suppressed as such, a
the practice was found to encour
age idleness and debauchery
Therefore, in the reign of KIM
Henry Will, of England, an Ac
Of Parliament was passed to re
strain 1t among the inferior sort O
people. Under that Act, bowling
alleys, betting on horse-racing
playing at ali-fours, and man.
other games, were prohibited.
Edward III. of.England enjeine
the exercise Of shooting, and of al
tillery, the casting of the bar, tn
hand and foot balls, cock-f1ghting
etc but to his proclamation littl
attention was paid until some @
them were forbidden by Parlis
ment.
THE LAW IN THIS STATE.
In California, our Suprem
Court, as early as 1859, recognizes
the fact that the act charged in tn
Information did not constitute
crime under the common lay
when the Court said, in IA Cal
rep, p. 20, In the case Of the Peopl
VS.. SAVER, indicted for gsmblin
under the Act of 1857:
"The rule lie, that when a statut
introduces new ofsnse withou
reference to anything else, it vii
be sufficient IL the Indictment de
scribes the offsnse," etc. The state
ment under which that proceedin,
was had read that every persoI