Wetmore v. State
Supreme Court of Alabama
Eeom; from the Circuit Court of Sumter. Tried before the Hon. Luther B. Smith. The defendant in this case was indicted under the statute against gaming (Bev. Code, § 3620), the indictment being in the general form authorized bylaw; and he was convicted, under the charge of the court, on proof that he had, within the time covered by the indictment, played a game of backgammon at a railway station in the county.
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Eeom; from the Circuit Court of Sumter. Tried before the Hon. Luther B. Smith. The defendant in this case was indicted under the statute against gaming (Bev. Code, § 3620), the indictment being in the general form authorized bylaw; and he was convicted, under the charge of the court, on proof that he had, within the time covered by the indictment, played a game of backgammon at a railway station in the county. The charge of the court, to which an exception was reserved, is now assigned as error.
1Opinion of the Court
STONE, J. —
Tbe act “to prevent tbe evil practice of gaming,” approved February 4, 1807, made it a penal offense to “ play at any tavern, inn, store for tbe retailing of spirituous liquors, or in any other public bouse, or in any street, highway, or in any other open place, at any game or games, with cards or dice.” — Toulmin’s Laws of Ala. 376. The “ act to revive in part a certain act therein specified,” approved January 15, 1828 (Pampb. Acts, 73), declared that “ any person, who shall hereafter play at any tavern, inn, store, bouse for retailing spirituous liquors, or any other public…
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