Campbell v. State
Supreme Court of Alabama
FboM tbe City Court of Montgomery. Tried before tbe Hon. JohN A. Mrroris. Tbe indictment in this case contained but a single count, wbicb charged that tbe defendant, Henry Campbell, “ before tbe finding of this indictment, being a licensed retailer, or tbe keeper, proprietor, owner, or superintendent of a tavern, inn, or bouse, where spirituous liquors were at tbe time sold, retailed, or given away, or of an outhouse where people resort, knowingly suffered certain persons,…
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FboM tbe City Court of Montgomery. Tried before tbe Hon. JohN A. Mrroris. Tbe indictment in this case contained but a single count, wbicb charged that tbe defendant, Henry Campbell, “ before tbe finding of this indictment, being a licensed retailer, or tbe keeper, proprietor, owner, or superintendent of a tavern, inn, or bouse, where spirituous liquors were at tbe time sold, retailed, or given away, or of an outhouse where people resort, knowingly suffered certain persons, whose names are to tbe grand jury unknown, to play at a game with cards, or dice, or some device or substitute for cards…
1Opinion of the Court
MANNING, J. —
The prosecution in this case is for knowingly suffering gaming at cards, in the house, or on the premises, occupied and used by the defendant for the retailing of spirituous and other liquors. That the gaming was in the upper story of the house, while the retailing was done in the lower, does not prevent it from being done on the premises, if the upper story was under the control of defendant. — Johnson v. The State, 19 Ala. 527; Huffman v. The State, 29 Ib. 40; Cochran v. The State, 30 Ib. 542; Moore v. The State, 30 Ib. 550. Prima facie, the premises are an entirety. And if *94ther…
2Cases cited2 opinions
- Johnson v. StateSupreme Court of Alabama · 1851
- Horan v. Chief Justice of Travis CountyTexas Supreme Court · 1863