Coggins v. State
Supreme Court of Alabama
Error to the Circuit court of Autauga county. Indictment, for playing at cards, under the statute. The indictment charged, that defendant, on a certain day, in the county aforesaid, “ did then and there play at cards, at a store-house for retailing spirituous liquors, to wit, the store-house of Wiley Coggins, 'there situate, contrary to the statute in such cases made and provided, and against the peace and dignity,” &c.
Read the full summary
Error to the Circuit court of Autauga county. Indictment, for playing at cards, under the statute. The indictment charged, that defendant, on a certain day, in the county aforesaid, “ did then and there play at cards, at a store-house for retailing spirituous liquors, to wit, the store-house of Wiley Coggins, 'there situate, contrary to the statute in such cases made and provided, and against the peace and dignity,” &c. Defendant demurred, and for cause of demurrer, said that— 1. The indictment did not allege, that defendant played a game at cards, with any person at a store-house, for…
1Opinion of the CourtCollier, C. J.
— The first question raised, was brought directly to the view of the court, in the case of the State vs Holland, et al, (3 Porter’s R. 292.) There, the indictment charged the defendants with playing at curds, and the court determined that it was in conformity with the statute which prescribed its requisites.
in regard to the second point, it must depend upon the statute on which the indictment is founded. The first section of the act of eighteen hundred and twenty-eight, subjects to a criminal prosecution, any person who shall play at any tavern, inn, store-house for retailing spirituous…
2Cited by1 opinion
- Smith v. StateSupreme Court of Alabama · 1861