Cochran v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Tuskaloosa. Tried before the Hon. RobeRT Dougherty. The indictment in this case charged that the defendant played “at a game of cards, or dice, or at some device or substitute therefor,” &e. The evidence adduced on the trial, and the rulings of the court in relation thereto, are thus stated in the bill of exceptions : “On trial of this case, the solicitor for the State introduced Vm. II.
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Appeal from tbe Circuit Court of Tuskaloosa. Tried before the Hon. RobeRT Dougherty. The indictment in this case charged that the defendant played “at a game of cards, or dice, or at some device or substitute therefor,” &e. The evidence adduced on the trial, and the rulings of the court in relation thereto, are thus stated in the bill of exceptions : “On trial of this case, the solicitor for the State introduced Vm. II. Jemison and several other witnesses, by whom he proved, that they had seen the defendant, within twelve months before the finding of the indictment, play games with cards, in…
1Opinion of the CourtRice, C. J.
Prior to the adoption of the Code, it was a rule, that an indictment, charging aman disjunctively, was bad. The reason was, that such indictment mention*546ed distinct offences, and did not show of which of them the indietors accused the defendant, — 2 Hawk. ch..25, § 58 ; 1 Waterman’s Archb. Or. Pl. 91.
1 As to the gaming treated as indictable by section 8243 of the Oode, the above mentioned rule is abolished by the Code ;:and a form of indictment is given, which charges a man disjunctively. — Appendix to the Oode, page 507, No. -60. Section 3503 of the Oode expressly sanctions the manner of…
2Cases cited3 opinions
- Huffman v. StateSupreme Court of Alabama · 1856
- Elam v. StateSupreme Court of Alabama · 1855
- Elam v. StateSupreme Court of Alabama · 1854
3Cited by17 opinions
- Ingram v. StateSupreme Court of Alabama · 1864
- Deason v. StateSupreme Court of Alabama · 1978
- Adler v. StateSupreme Court of Alabama · 1876
- Jones v. StateSupreme Court of Alabama · 1902
- Ogden City v. CrossmanUtah Supreme Court · 1898
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