Legal Opinion

Smith v. State

Supreme Court of Alabama

Decided June 15, 1861PublishedCited by 3 opinions

From the Circuit', Court of- Choctaw. Tried before tbe. Hon. A. A. ColemaN. . ÍN this case, George Frank Smith, Marcellus A. Coleman, M. Van-Camp and Charles. Hill were jointly indicted for gaining ; the indictment being in the general form prescribed by tbe Codé.

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From the Circuit', Court of- Choctaw. Tried before tbe. Hon. A. A. ColemaN. . ÍN this case, George Frank Smith, Marcellus A. Coleman, M. Van-Camp and Charles. Hill were jointly indicted for gaining ; the indictment being in the general form prescribed by tbe Codé. “ On the trial,” as tbe bill of exceptions states, “tbe State introduced one Moody as a witness, who testified, thakwithin. twelve months before the finding of tbe indictment, and in said county, of, Choctaw.,, the defendants played several games with cards, (called ‘euchre,’) in the law-office of George F. and G. Frank Smith,…

1Opinion of the CourtA. J. Walter, C. J.

The witness only participated in the playing by aiding an unskillful player with his advice, and at. one time doing some little acts, during a brief absence of such unskillful player, in., his place. These acts were not of such character as.- neces&irily to constitute the witness an accomplice,, when he was noti engaged in the performance of therm During a part of the playing, the witness was engaged in reading. While he was so engaged,..it cannot be affirmed, as a legal *474conclusion, that he was either assisting in the game, or participating in it. The offense may have been complete, by what…

2Cases cited2 opinions

  1. Swallow v. StateSupreme Court of Alabama · 1852
  2. Coggins v. StateSupreme Court of Alabama · 1838

3Cited by3 opinions

  1. People v. EmersonNew York Supreme Court · 1888
  2. Moses v. StateSupreme Court of Alabama · 1877
  3. State v. DudoussatSupreme Court of Louisiana · 1895

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