Graham v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Crenshaw. Tried before the Hon. Jesse M. Carmici-ieal. The appellant was tried and convicted under the following indictment: “The grand jury of said county charges, that before the finding of this indictment that Tink Graham played at a game with cards or dice, or some device or substitute for cards or dice, at atavern, inn, storehouse for retailing spiritous liquors, or house or place where spiritous liquors were at the time sold, retailed…
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Appeal from the Circuit Court of Crenshaw. Tried before the Hon. Jesse M. Carmici-ieal. The appellant was tried and convicted under the following indictment: “The grand jury of said county charges, that before the finding of this indictment that Tink Graham played at a game with cards or dice, or some device or substitute for cards or dice, at atavern, inn, storehouse for retailing spiritous liquors, or house or place where spiritous liquors were at the time sold, retailed or given away, or in a public house, highway, or some other public place, or at an outhouse where people resort, against…
1Opinion of the CourtColeman, J.
The defendant was indicted, tried and convicted for violating section 4052 of the Criminal Code, which prohibits gaming with cards or dice, at certain designated places. There was but one witness examined, and the evidence was without conflict. The venue and playing were proven, and the question is whether the playing took place, at a public house, or public place, or place where spirituous liquors were sold or given away, within the meaning of the statute.
First: Did the parties play in a public house? We think not. The house was called a blacksmith shop. We have no doubt that a shop or house…
2Cases cited3 opinions
- Coleman v. StateSupreme Court of Alabama · 1877
- Glass v. StateSupreme Court of Alabama · 1857
- Comer v. StateSupreme Court of Alabama · 1878
3Cited by3 opinions
- Tooke v. StateCourt of Appeals of Georgia · 1908
- Gamble v. StateSupreme Court of Georgia · 1901
- Pappenburg v. StateSupreme Court of Alabama · 1914