Napier v. State
Supreme Court of Alabama
From the Criminal Court of Bullock. Tried before the Hon. C. J. L. Cunningham. The indictment in this case contained two counts, but a demurrer was sustained to the first count, and the trial-was had on the second count, which was in these words; “The grand jury aforesaid further charge, that, before the finding of this indictment, Bose Napier bet fractional currency of the United States, of the denomination, to wit, twenty-five cents, and of the value of twenty cents, at a…
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From the Criminal Court of Bullock. Tried before the Hon. C. J. L. Cunningham. The indictment in this case contained two counts, but a demurrer was sustained to the first count, and the trial-was had on the second count, which was in these words; “The grand jury aforesaid further charge, that, before the finding of this indictment, Bose Napier bet fractional currency of the United States, of the denomination, to wit, twenty-five cents, and of the value of twenty cents, at a game played with cards in a highway, or public place; against the peace,” &c. A demurrer to this count was overruled by…
1Opinion of the CourtBrickell, J.
The defendant was indicted for a violation of section 3622 of the Revised Code, by betting at a game of cards played “ in a highway, or at a public place.” He demurred to the indictment, but his demurrer was overruled; and this action of the court is now assigned as error. The record does nob inform us what causes of demurrer, if any, were assigned in the court below; and we have not been furnished with any brief or argument of counsel, pointing out the specific objection intended to be raised by the demurrer. It seems to us the count is sufficient. It avers every fact necessary to the guilt…
2Cases cited5 opinions
- Brown v. StateSupreme Court of Alabama · 1855
- Mills v. StateSupreme Court of Alabama · 1852
- Glass v. StateSupreme Court of Alabama · 1857
- Windham v. StateSupreme Court of Alabama · 1855
- Sweeney v. StateSupreme Court of Alabama · 1856
3Cited by5 opinions
- Davenport v. CashSupreme Court of Alabama · 1950
- Albany College v. MonteithOregon Supreme Court · 1913
- Pappenburg v. StateAlabama Court of Appeals · 1914
- Dreyfus v. StateSupreme Court of Alabama · 1887
- Birmingham E. & B. R. R. v. WilsonAlabama Court of Appeals · 1915