Thompson v. State
Supreme Court of Alabama
From tlie Criminal Court of Pike. Tried before tbe Hon. ¥m. H. Parks. Tbe indictment in tbis case charged tbat tbe defendant, Frank Thompson, “bet at a game played with cards, or dice, or some device or substitute for cards or dice, in a public bouse, highway, or some other public place, or at an outhouse where people resort.”
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From tlie Criminal Court of Pike. Tried before tbe Hon. ¥m. H. Parks. Tbe indictment in tbis case charged tbat tbe defendant, Frank Thompson, “bet at a game played with cards, or dice, or some device or substitute for cards or dice, in a public bouse, highway, or some other public place, or at an outhouse where people resort.” There was a demurrer to the indictment, “because it does not allege that any game was in fact playedbut the demurrer was overruled, and issue was joined on the plea of not guilty.- The opinion states most of the evidence adducecl on the trial, and the exceptions…
1Opinion of the CourtHaralson, J.
1. Before the Code of 1886, went into effect, we held, that it was necessary to aver in the indictment, that the game at which the betting was alleged to have been done was played. Smith v. The State, 63 Ala. 55; Johnson v. The State, 75 Ala. 7; Dreyfus v. The State, 83 Ala. 54; Tolbert v. The State, 87 Ala. 27. The present Code, under which this indictment appears, prescribes a form which had not before existed. The indictment in this case follows this form strictly, and is in all respects sufficient.—Rosson v. The State, 92 Ala. 77; Darby v. The State, in Mss.
2. The witness, Carter, for the…
2Cases cited11 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Griffith v. StateSupreme Court of Alabama · 1891
- White v. StateSupreme Court of Alabama · 1888
- Smith v. StateSupreme Court of Alabama · 1879
- Tolbert v. StateSupreme Court of Alabama · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Douglas v. StateAlabama Court of Appeals · 1963
- Tooson v. StateCourt of Criminal Appeals of Alabama · 1975
- Hickman v. StateAlabama Court of Appeals · 1915
- Glenn v. StateSupreme Court of Alabama · 1908
- Higdon v. StateCourt of Criminal Appeals of Alabama · 1979
5 more not listed; retrieve them via the Exa API.