Legal Opinion

Henderson v. State

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 8 opinions

Appeal from the Circuit Court of Escambia. Tried before the Hon. John K. Henby. The defendant was indicted for playing cards at a public place in the county of Escambia, and pleaded not guilty. The proof showed that during the winter of 1876-7, the defendant was frequently seen playing cards in the woods, near a path which “ led from the town of Brewton to Burnt Corn creek, and to a neighborhood across the creek.”

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Appeal from the Circuit Court of Escambia. Tried before the Hon. John K. Henby. The defendant was indicted for playing cards at a public place in the county of Escambia, and pleaded not guilty. The proof showed that during the winter of 1876-7, the defendant was frequently seen playing cards in the woods, near a path which “ led from the town of Brewton to Burnt Corn creek, and to a neighborhood across the creek.” The path was “ used by children going to school,” as well as by •other persons. The place where the playing occurred was in full view of persons passing along the path, and was not…

1Opinion of the Court

MANNING, J. —

The indictment in this cause, charged defendant with playing “ at a game with cards or dice, or some device or substitute for cards or dice, at a tavern, . . . . or in a public house, highway, or some other public place,” &c. And after the evidence was introduced and the jury had been charged by the judge, defendant asked the court to instruct them, “that unless the evidence shows beyond a reasonable doubt, that the defendant played' at a game with cards or dice, or some device for cards or dice,, he can not be convicted.”

*91The indictment says, “ with cards or dice, or some device…

2Cited by8 opinions

  1. Lee v. StateSupreme Court of Alabama · 1902
  2. Schultz v. StateCourt of Criminal Appeals of Alabama · 1983
  3. Gamble v. StateSupreme Court of Georgia · 1901
  4. Finnem v. StateSupreme Court of Alabama · 1896
  5. Franklin v. StateSupreme Court of Alabama · 1890

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