
    The State v. Hubbard.
    An indictment for keeping a gaming-house was held not to be bad for charging that the defendant kept a house instead of his house to be used for gaming, the latter term being employed by the statute defining the offense.
    
      Wednesday, December 15.
    ERROR to the Bartholomew Circuit Court.
    
      
      D. S. Gooding and N. T. Hauser, for the state.
   Perkins, J.

Indictment against John C. Hubbard for keeping a gaming-house.

The indictment charges that the defendant, during a certain space of time, kept a house to be used for gaming, &c.

The statute (R. S. p. 981, s. 100) enacts that if any person shall keep his house to be used, &c. The indictment was quashed below because the article a instead of the pronoun his was used in it in designating the house kept for gaming.

We think that during the time the defendant kept a house, said house was, in contemplation of the enactment in question, his house, and that the indictment is, therefore, sufficiently certain.

Per Curiam.

The judgment is reversed with costs. Cause remanded, &c.  