State v. Whitworth
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Indictment for keeping and exhibiting a faro hank, tried before Shortridge, J. The defendant was charged with keeping and exhi- ■ biting a gaming 'table, by an indictment, which was as follows: “ The State of Alabama, Tallapoosa county — Circuit court, October term, 1836. The grand jurors for the county of Tallapoosa, upon their oath present, that Richard W. Whitworth, late of said county, on the third day of October, in the year of…
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Error to the Circuit Court of Tallapoosa. Indictment for keeping and exhibiting a faro hank, tried before Shortridge, J. The defendant was charged with keeping and exhi- ■ biting a gaming 'table, by an indictment, which was as follows: “ The State of Alabama, Tallapoosa county — Circuit court, October term, 1836. The grand jurors for the county of Tallapoosa, upon their oath present, that Richard W. Whitworth, late of said county, on the third day of October, in the year of our Lord one thousand eight hundred and thirty-six, in ¿he county aforesaid, did keep and‘exhibit a certain gaming…
1Opinion of the Court
GOLDT1IWAITE, J.
— The pleas in abatement seem to have been framed with a direct reference to the act of assembly, passed the fourteenth .day of January, eighteen hundred and twenty-six, entitled ‘an act for the better selecting, drawing and summoning jurors’ — (Aik. Dig. 298.)
It is unnecessary to consider whether these pleas are formally pleaded, because at the time when this indictment was found, and when the grand jury must have been selected, a different mode than the one pointed out by the act of eighteen hundred and twenty-six had been provided by law, and tills act, so far as it…
2Cited by5 opinions
- Shannon v. PeopleMichigan Supreme Court · 1858
- Fraser v. AlexanderCalifornia Supreme Court · 1888
- Sullivan v. PeopleIllinois Supreme Court · 1853
- Burt v. StateSupreme Court of Alabama · 1866
- United States v. One Bay Horse & One BuggDistrict Court, N.D. Illinois · 1904