Legal Opinion

Johnson v. State

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 8 opinions

Appeal from Madison County Court. Tried before Hon. William RichardsoN. The indictment in this cause charges, that Buck Johnson, the defendant in the court below, appellant here, prior to the finding thereof, “played at a game with cards at a public house, and did bet or hazard money or bank notes at said game.”

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Appeal from Madison County Court. Tried before Hon. William RichardsoN. The indictment in this cause charges, that Buck Johnson, the defendant in the court below, appellant here, prior to the finding thereof, “played at a game with cards at a public house, and did bet or hazard money or bank notes at said game.” The defendant moved to quash the indictment on the ground that “the same charged, in a single count, two distinct and different offenses, punishable under the laws of Alabama with different punishments, to-wit: Playing cards at a public place, and betting money at a game of cards…

1Opinion of the CourtStone, J.

Section 4207 of the Code of 1876 declares that “ any person who plays at any game with cards,” etc., “ at any tavern, inn,” or various other named places, “ must, on conviction, be fined not less than twenty, nor more than fifty dollars.” This defines the offense of playing at one of the named public places, when nothing of value is bet-or hazarded on the result of the game. Forint, on page 094 of the Code, is expressly provided for, and adapted to this section. Section 4209 of the Code enacts that “any person who bets or hazards any money, bank notes, or other thing of value * * at any game…

2Cases cited2 opinions

  1. Jacobson v. StateSupreme Court of Alabama · 1876
  2. Collins v. StateSupreme Court of Alabama · 1881

3Cited by8 opinions

  1. Tolbert v. StateSupreme Court of Alabama · 1888
  2. Rosson v. StateSupreme Court of Alabama · 1890
  3. Thompson v. StateSupreme Court of Alabama · 1892
  4. Dreyfus v. StateSupreme Court of Alabama · 1887
  5. Nickols v. StateSupreme Court of Alabama · 1895

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