Spaight v. State
Supreme Court of Alabama
From the Circuit Court of Shelby. Tried before the Hon. Nat. Coop. This indictment charged that the defendant “ kept a ten-pin alley for public play, against the peace and dignity of the State,” &c.
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From the Circuit Court of Shelby. Tried before the Hon. Nat. Coop. This indictment charged that the defendant “ kept a ten-pin alley for public play, against the peace and dignity of the State,” &c. The evidence adduced on the trial, as set out in the bill of exceptions, was as follows : “ The State introduced evidence, showing that the defendant was the owner and proprietor of a certain watering-place known as ‘Shelby Springs’; that he'kept a ten-pin alley, within one year before the finding of the indictment, without having obtained a license for the same; that, during the summer months, he…
1Opinion of the CourtStone, J.
There being in this record no evidence that the offense charged was committed in Shelby county, the judgment of the circuit court must' be reversed, on the authority of Brown’s case, 27 Ala. 4*7, and Huffman’s case, 28 Ala. 48.
The indictment is framed under the Code, section 391, subdivision 6. The act of 1852, section 4, (Pamph. Acts, p. 3-4,) does not, on this subject, change the above section of the Code, further than to declare that at the same rate per annum, “ a license may be obtained for a ten-pin alley at any watering-place for six months.” *
For the appellant it is contended, that…
2Cases cited1 opinion
- Huffman v. StateSupreme Court of Alabama · 1856
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