Smith v. State

The defendant below was indicted for playing at cards. The indictment contains four counts : 1st. for playing “at a highway ;” 2nd. for playing “ at a house where spirituous liquors was then and there retailed;” 3rd. for playing “at a public place;” and 4th. for playing “at a public house.”

On the trial the State introduced a witness, who testified, that within twelve months before the finding of the indictment, he saw the defendant play at a game of cards. He further stated that said playing took place in a hollow between one hundred and one hundred and fifteen yards from a house where…