Tolbert v. State
Supreme Court of Alabama
Erom the Circuit. Court of Couecub. Tried before the Hon. John P. Hubbard. The indictment in this case charged that tbe defendant, Sanford Tolbert, “bet at a game played with cards, dice, or some device or substitute for either cards or dice, in a public house, highway, or other public place, or at an outhouse where people resort.”
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Erom the Circuit. Court of Couecub. Tried before the Hon. John P. Hubbard. The indictment in this case charged that tbe defendant, Sanford Tolbert, “bet at a game played with cards, dice, or some device or substitute for either cards or dice, in a public house, highway, or other public place, or at an outhouse where people resort.” The defendant demurred to the indictment, because it did not allege that a game' “was played” at any one of the places specified; and his demurrer being overruled, he pleaded not guilty. By the verdict of the jury he was found guilty, and a fine of $100 imposed;…
1Opinion of the CourtStone, C. J.
The indictment in this case is defective, and will not support the conviction. To constitute a good indictment for the offense attempted to be charged in this case, it must be averred that a game toas played “with cards or dice,” or a substitute therefor, at one of the places mentioned in the statute, and that the defendant did bet at such game. — Code of 1886, §§ 4052, 4057; Jacobson v. State, 55 Ala. 151; Mitchell v. State, Ib. 160; Collins v. State, 70 Ala. 19. The indictment in the present case is not spe cific enough. While it avers that the game on which the bet was made was one played…
2Cases cited8 opinions
- Bradley v. StateSupreme Court of Alabama · 1881
- Smith v. StateSupreme Court of Alabama · 1879
- Jacobson v. StateSupreme Court of Alabama · 1876
- Johnson v. StateSupreme Court of Alabama · 1883
- Dreyfus v. StateSupreme Court of Alabama · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Smith v. StateSupreme Court of Alabama · 1904
- Evans v. StateSupreme Court of Alabama · 1895
- Ross v. StateSupreme Court of Alabama · 1903
- Boykin v. StateSupreme Court of Florida · 1898
- Parham v. StateSupreme Court of Alabama · 1906
20 more not listed; retrieve them via the Exa API.