Smith v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before Hon. J. E. Cobb. The appellant, A. J. Smith, was indicted and convicted for gaming, under an indictment based on § 3620 of the Revised Code, and pursuing the statutory form. The room in which the playing took place was back of a bar room, on the same floor and under the same roof with it. The front room was used by one Elliott, for the sale of spirituous liquors.
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Appeal from the Circuit Court of Lee. Tried before Hon. J. E. Cobb. The appellant, A. J. Smith, was indicted and convicted for gaming, under an indictment based on § 3620 of the Revised Code, and pursuing the statutory form. The room in which the playing took place was back of a bar room, on the same floor and under the same roof with it. The front room was used by one Elliott, for the sale of spirituous liquors. There was no connection between it and the back, there being a room in between which did not communicate with either the rear or front room. The only means of communication between…
1Opinion of the CourtBrickell, C. J.
The indictment is in the form prescribed by the Code, charging gaming at the several places prohibited by the statute, disjunctively. Such an indictment does not include more than one offence ; and if the State offers evidence of more than one, the defendant may compel an election of one or the other as the single offence for which he is to be prosecuted. Or if the State offers evidence of a particular act of gaming, at a particular place, so as to identify and individualize it before the minds of the jury, an election to prosecute for that particular act is made, which cannot be subsequently…
2Cases cited3 opinions
- Elam v. StateSupreme Court of Alabama · 1855
- Hughes v. StateSupreme Court of Alabama · 1860
- Cochran v. StateSupreme Court of Alabama · 1857
3Cited by19 opinions
- Adler v. StateSupreme Court of Alabama · 1876
- Black v. StateSupreme Court of Alabama · 1887
- Ferrell v. City of OpelikaSupreme Court of Alabama · 1905
- Wickard v. StateSupreme Court of Alabama · 1895
- Nuckols v. StateSupreme Court of Alabama · 1895
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