McCauley v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Pickens. Tried before tbe Hon. Alex. B. Clitherall. The appellant, with Bird Ivey, William T. Hawkins, William H. Davis, Joseph May, and Robert 0. Bealle, was indicted, at tbe Spring term, 1854, of the Circuit Court of Pickens, for gaming.
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Appeal from tbe Circuit Court of Pickens. Tried before tbe Hon. Alex. B. Clitherall. The appellant, with Bird Ivey, William T. Hawkins, William H. Davis, Joseph May, and Robert 0. Bealle, was indicted, at tbe Spring term, 1854, of the Circuit Court of Pickens, for gaming. He filed a special plea to tbe indictment, in which he avers, “ in short by consent, that at the present term of this court he was charged upon this identical indictment, for the identical offence charged therein, and for which he is now put on trial, together with one William T. Hawkins and one Joseph May, and that for his…
1Opinion of the CourtRice, J.
—Upon the authority of the case of Windham et. al. v. The State, decided at the present term, we must hold the charge of the court to be erroneous; for, although the office where the playing occurred is a “ public house”, it is not “ a public place”, within the meaning of section 3243 of the Code.
As the cause must be remanded for the error above noticed, it is proper that we should express our opinion upon the important questions which are connected with the matter stated *138in the special plea, to which a demurrer was sustained. The first of these questions is, whether there can be, in this…
2Cases cited6 opinions
- Cobia v. StateSupreme Court of Alabama · 1849
- Ned v. StateSupreme Court of Alabama · 1838
- State v. MurphySupreme Court of Alabama · 1844
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Ex parte HenrySupreme Court of Alabama · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Johnson v. StateSupreme Court of Alabama · 1893
- Lee v. StateAlabama Court of Appeals · 1943
- Henry v. StateSupreme Court of Alabama · 1859
- Orr v. StateAlabama Court of Appeals · 1958
33 more not listed; retrieve them via the Exa API.