Alleging Gaming

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Indictments
  5. Form and Sufficiency
  6. Alleging Gaming

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  1. All laws made for the prevention, discouraging or suppression of gaming shall be construed as remedial and not penal statutes and no presentment or indictment in such case shall be quashed for want of form.
  2. In presentments and indictments for gaming, it is sufficient to charge the general name of the game at which the defendant or defendants played, without setting forth and describing with or against whom they may have bet or played.
  3. In prosecutions for keeping any gaming table or device under § 39-17-505, it is sufficient to charge that the defendant kept or exhibited, or was interested or concerned in keeping or exhibiting, a gaming table or device for gaming, without describing the table or device more particularly, or alleging in what manner the defendant was concerned in the keeping or exhibiting, or alleging or proving that any money was bet at the gaming table or device.

Code 1858, §§ 4883, 4885, 5136 (deriv. Acts 1824, ch. 5, § 5); Shan., §§ 6819, 6821, 7099; Code 1932, §§ 11292, 11293, 11645; T.C.A. (orig. ed.), §§ 40-1819 — 40-1821; Acts 1996, ch. 675, § 27.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 16.19.

Tennessee Jurisprudence, 13 Tenn. Juris., Gaming, Gambling and Gambling Contracts, § 10.

Attorney General Opinions. “Gambling device” construed to include gambling software, OAG 98-0173 (8/28/98).


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