72 Ala. 558

Poteete v. The State.

Indictment for Renting or Allowi/ng Room to be used for Gaming Pxtrposes.

1. Allowing room to he used for gaming purposes; who is “ owner or proprietor.” — -Under the statute which makes it a penal offense for any person, “being the owner or proprietor of airy house,' room,” &e., to rent or lease the same for gaming purposes, or knowingly to permit the same to be used for any such purpose (Code, § 4214), a conviction may be had against a person who has possession as a tenant or lessee.

Prom the County Court of Madison.

Tried before the Hon. William RiohaRdsoN.

IT. C. TompiciNS, Attorney-General, for the State,

cited Pierce v. Qoncord Railroad Go., 51 N. IT. 590'; Hall v. Brown, 54 N. H. 495 ; Lister v. Lobley, 6 Nev. & Man. 340.

SOMERVILLE, J.

The defendant is indicted, under section 4214 of the Code (1876), for knowingly permitting a room, which he had leased as tenant of one Steele, to be used for gaming purposes. The question is, whether, being a 'fuere lessee, he may be regarded as “ the owner or proprietor” of such room, within the meaning of the statute. We are clearly of the opinion that he can be. The words “ owner or proprietor” have no technical, legal signification, but are merely words of common parlance. They include any one having a beneficial interest, whether such interest be entire or partial. As said by Lord DicNMAN, C. J., in Lister v. Lobley, 6 Nev. & Man. 342, “ the owner of the fee, and the owner of a term in the land, are each of them am owner of. the land.” The word proprietor ” is of larger signification than “ owner,” and was evidently added so as to embrace any one in control, receiving beneficial *559returns from the class of tenements described in the statute. The two words, “ owner or proprietor,” have been frequently-decided to include a lessee or tenant, in construing various statutes in which they occur.—Lister v. Lobley, 6 Nev. & Man. 342; Ib., 7 Adol. & El. 124; Hall v. Brown, 54 N. H. 495; Pierce v. Concord Railroad, 51 N. H. 590.

The defendant was properly convicted under the rulings of the court, and the judgment is affirmed.

Poteete v. State
72 Ala. 558

Case Details

Name
Poteete v. State
Decision Date
Dec 1, 1882
Citations

72 Ala. 558

Jurisdiction
Alabama

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