Nickols v. State
Supreme Court of Alabama
Appeal from tlie Criminal Court of Pike. Tried before tlie Hon. William H. Parks. The appellant was indicted, tried and convicted for gaming, in violation of section 4052 of the Code. The evidence for the State tended to show that the defendant was caught playing a game of cards in a shed room of a house which was occupied as a residence by a woman; that persons had been seen going to the house, day and night, and had been known to go there for the purpose of playing cards.
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Appeal from tlie Criminal Court of Pike. Tried before tlie Hon. William H. Parks. The appellant was indicted, tried and convicted for gaming, in violation of section 4052 of the Code. The evidence for the State tended to show that the defendant was caught playing a game of cards in a shed room of a house which was occupied as a residence by a woman; that persons had been seen going to the house, day and night, and had been known to go there for the purpose of playing cards. The charge which was asked by the defendant, to the refusal to give which the defendant duly excepted, and which…
1Opinion of the CourtHaralson, J.
The only question in this case we *60need consider, grows out of the refusal of the court to give charge No. 2 requested by defendant, that “If the evidence shows that the defendant played or bet at a game of cards only once, in the back room of a residence, this would not justify a conviction.”
In Smith v. The State, 52 Ala. 388, it was said: “Any house to which all may go night or day, and indulge in gaming in its various forms, is a public place within the meaning of the statute.” A dwelling house, or private room, is within the statutory prohibition, if it is open to those who would resort…
2Cases cited5 opinions
- Tolbert v. StateSupreme Court of Alabama · 1888
- Buchanan v. StateSupreme Court of Alabama · 1876
- Chatteaux v. StateSupreme Court of Alabama · 1875
- Coleman v. StateSupreme Court of Alabama · 1852
- Johnson v. StateSupreme Court of Alabama · 1883
3Cited by5 opinions
- Tooke v. StateCourt of Appeals of Georgia · 1908
- In Re SteinkeCalifornia Court of Appeal · 1969
- Gamble v. StateSupreme Court of Georgia · 1901
- Jackson v. StateSupreme Court of Alabama · 1897
- Steinke v. Municipal CourtCalifornia Court of Appeal · 1969