Russ v. State
Supreme Court of Alabama
Appeal from Pike Criminal Court. Tried before Hon. T. L.' Borom. Will Bnss was convicted of gaming, and appeals. The opinion shows the material facts. cited Smith v. State, 23 Ala. \39 '; Bythiaood v. State, 20 Ala. 47;' Coleman v. Státe, 20'Ala. 51l,'Windham v. State, 26 Ala.' 69; Skinner v. State, 87 Ala. 105 ;• Wicker'd v. State, 109 Ala. 45; Smith v: State, 52 Ala. 388,• Cain v. Slate, 30 Alá.'534; Downey' v. 'State, 110 Ala. 99 Burdine v: State, 25 Ala. 60; Sanders v.…
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Appeal from Pike Criminal Court. Tried before Hon. T. L.' Borom. Will Bnss was convicted of gaming, and appeals. The opinion shows the material facts. cited Smith v. State, 23 Ala. \39 '; Bythiaood v. State, 20 Ala. 47;' Coleman v. Státe, 20'Ala. 51l,'Windham v. State, 26 Ala.' 69; Skinner v. State, 87 Ala. 105 ;• Wicker'd v. State, 109 Ala. 45; Smith v: State, 52 Ala. 388,• Cain v. Slate, 30 Alá.'534; Downey' v. 'State, 110 Ala. 99 Burdine v: State, 25 Ala. 60; Sanders v. Stale, 25' Ala.' 63; Sherrod r. State, 25 Ala. 78; McCauley v. State,'26 Ala. 135; McDaniel t. State, 35 Ala. 390. ' '' "…
1Opinion of the CourtMcCLELLAN, C. J.
— The complaint on which ap-
pellant was tried charges no more than this, that the defendant, Will Knss, 'about September 12th, 1899, played- at- a game of cards or dice, “at a place in a pasture made public by meeting for the purpose of playing at a game with cards or dice.” This is neither a charge in terms that the place was a public place, nor the averment of facts which necessarily constituted the place a public place within the language of the statute. A pasture is not a public place per se, nor does the fact that there was at the time of the alleged offense a meeting of two or more…
2Cited by3 opinions
- Thrasher v. StateSupreme Court of Alabama · 1910
- Rogers v. StateAlabama Court of Appeals · 1917
- Whatley v. StateAlabama Court of Appeals · 1915