1789-01-16 (static/transcriptions/1789/01/347.jpg)

These cases shew that every thing which constitutes a material part of the offence must be charged.

In 1 Salk: 375
In 3 Salk 186 & in 1 Ld Raym: 5271 the case is reported of the King v. Knight in which it is laid down “that argumentative Informations are bad, for all charges ought certainly to be set out in pleading”.
If the gaming house does not exist, and it is not laid in the Indictmt to exist, then Deft cannot have comd