Legal Opinion

Jacko v. State

Supreme Court of Alabama

Decided January 15, 1853PublishedCited by 7 opinions

Ehbor to the City Court of Mobile. Tried before the Hon. Alex. McKiNstry. The plaintiff in error was indicted, under § 397 of the Code, for exhibiting feats of sleight of hand, without having first taken out a license.

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Ehbor to the City Court of Mobile. Tried before the Hon. Alex. McKiNstry. The plaintiff in error was indicted, under § 397 of the Code, for exhibiting feats of sleight of hand, without having first taken out a license. The case is brought to this court upon questions reserved as novel and difficult, and the facts may be thus stated: The plaintiff in error admits that he exhibited feats of sleight of hand, as charged in the indictment, and insists that the law does not extend to his case. The building in which the exhibition took place is situated in the city of Mobile, and belongs to one…

1Opinion of the CourtGibbons, J.

The decision of the court below upon the question presented was, in our opinion, correct. Although the term “ theatre ” has an extended signification, and comprehends a variety of performances, yet it is conceived that all which it does legitimately comprehend partake more or less of the character of the drama. The term drama, as defined by Mr. Webster, means a poem or composition representing a picture of human life, and accommodated to action. It may be conceded, that its signification is broad enough to cover any representation in which a story is told, a moral conveyed, or the passions…

2Cited by7 opinions

  1. Asa G. Candler Inc. v. Georgia Theater Co.Supreme Court of Georgia · 1918
  2. Zucarro v. StateCourt of Criminal Appeals of Texas · 1917
  3. State v. PennyMontana Supreme Court · 1910
  4. National Exhibition Co. v. City of St. LouisMissouri Court of Appeals · 1940
  5. Standen v. StateOhio Court of Appeals · 1917

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