
    The State v. Stallings.
    Indictment for gaming, containing two counts; the first for money won and the second for money lost at a bet upon the result of a game of cards played by the defendant and others. The indictment did not state whether the bet was made with the persons played with, or with a third person. Held, that the indictment was bad.
    
      Wednesday, December 15.
    ERROR to the Posey Circuit Court.
   Perkins, J.

Indictment for gaming. Indictment quashed in the Circuit Court. It presents, in one count, that Andrew Stallings, late, &c., on, &c., at, &c., did unlawfully win in a bet made at a game of cards played by said Stallings and others, some named and some unknown, the sum of 10 cents.

The second count charges that he lost said sum in a bet made at a game of cards played by, &c.

The indictment does not show whether the bet was made with the persons played with, or with some third person, a spectator of the game, and is bad for uncertainty.

A. L. Robinson, for the state.

J. Pitcher, for the defendant.

Per Curiam.

The judgment is affirmed.  