Salomon v. State
Supreme Court of Alabama
FROM the City Court of Mobile. Tried before the Hon. Albs. McKihstry. The indictment in this case, which was found at the special May term, 1855, of the City Court, was as follows “ The grand jury of said county charge, that, before the finding of this indictment, A. M. Salomon set up, or was concerned in setting up, or carrying on a lottery, without the legislative authority of this State, against the peace,” &c.
Read the full summary
FROM the City Court of Mobile. Tried before the Hon. Albs. McKihstry. The indictment in this case, which was found at the special May term, 1855, of the City Court, was as follows “ The grand jury of said county charge, that, before the finding of this indictment, A. M. Salomon set up, or was concerned in setting up, or carrying on a lottery, without the legislative authority of this State, against the peace,” &c. The bill of exceptions states, that the defendant, at the trial, “moved to quash the indictment, 1st, for want of certainty ; 2dly, because it should have set forth the name of the…
1Opinion of the CourtBice, J.
Section 3254 of the Code is in the following words:
“ Any person setting up, or concerned in setting up, or carrying on any lottery, without the legislative authority of this State, must, on conviction, be fined not less than one hundred, or more than two thousand dollars.”
The form of an indictment under this section, is given on page 101 of the Code. That form has been followed in this case ; and the indictment is sufficient. — The People v. Sturdevant, 23 Wend. Rep. 418 ; Commonwealth v. Dana, 2 Metc. Rep. 329.
It is a sound principle, “ that no person be adjudged guilty of an offence, unless…
2Cases cited1 opinion
- People v. SturdevantNew York Supreme Court · 1840
3Cited by8 opinions
- Mayo v. StateSupreme Court of Alabama · 1857
- Farrall v. StateSupreme Court of Alabama · 1858
- Salomon v. StateSupreme Court of Alabama · 1856
- State v. MatthewsWest Virginia Supreme Court · 1936
- Lowenthal v. StateSupreme Court of Alabama · 1858
3 more not listed; retrieve them via the Exa API.