Roquemore v. State
Supreme Court of Alabama
ERROR to the Circuit Court of Barbour. Tried before the-Hon. John D. Phelan. 1- The indictment-is bad for uncertainty». The allegation is that the playing took place at a public? place, without 'designating .the character of the public place. The rule is, that where a general term is used in a statute creating an offence, in connection with words more precise and definite, the indictment must charge the offence in the particular words used in the statute. — The State y.
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ERROR to the Circuit Court of Barbour. Tried before the-Hon. John D. Phelan. 1- The indictment-is bad for uncertainty». The allegation is that the playing took place at a public? place, without 'designating .the character of the public place. The rule is, that where a general term is used in a statute creating an offence, in connection with words more precise and definite, the indictment must charge the offence in the particular words used in the statute. — The State y. Raiford, 7 Port. 101; The State v.. Plunkett¿ 2 Stew. 11. 2. The nature of the public place should have been alleged-in the…
1Opinion of the Court
’COLEMAN, J.
The indictment in this ease charges that ¡ the defendant played a game of cards at a public place, &c. ' The defendant insists that the place ought to be so described .in the indictment.that the court could determine whether it was ;a public place.
*531Without the aid of the statute it is probable the averment would be insufficient, but we thinlc the indictment clearly sustained both by the letter and policy of ¡the statute. By the 8th section, chapter 6th, of the penal code, it is enacted that “if any person shall play at any tavern, inn, store-house for retailing spirituous liquors,…
2Cases cited1 opinion
- Clarke v. StateSupreme Court of Alabama · 1847
3Cited by4 opinions
- Tooke v. StateCourt of Appeals of Georgia · 1908
- Windham v. StateSupreme Court of Alabama · 1855
- Phillips v. StateSupreme Court of Alabama · 1874
- Whatley v. StateAlabama Court of Appeals · 1915