Kicker v. State
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before tOie Hon. William H. Thomas. The appellant was indicted, tried and convicted for betting at a game of cards played at a “tavern, inn, storehouse for retailing spirituous liquors, or house or place where spirituous liquors were at the time sold, retailed or given away,” etc. The facts of the case are sufficiently stated in the opinion.
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Appeal from tbe City Court of Montgomery. Tried before tOie Hon. William H. Thomas. The appellant was indicted, tried and convicted for betting at a game of cards played at a “tavern, inn, storehouse for retailing spirituous liquors, or house or place where spirituous liquors were at the time sold, retailed or given away,” etc. The facts of the case are sufficiently stated in the opinion. The defendant requested the court to give to the jury the following written charges, and separately excepted to the court’s refusal to give each of them as asked: (1.) “If the jury believe the evidence, they…
1Opinion of the CourtDowdell, J.
The defendant offered no evidence. The evidence introduced by [the State was without conflict, and showed that the defendant in October, 1901, and before the finding of the indictment, in Montgomery county bet money at a game played with cards. That itlie game was played in a room in the upper .story of O’Rear’s store in the county and city of Montgomery. That the room used, and the one in which said game was played, was in a two story building, the room being in the second story of said building. That in the room was a bed with mattress on it, a table and chairs. That in the first or ground…
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