Rosson v. State
Supreme Court of Alabama
From the Circuit Court of Jackson. Tried before the Hon. John B. Tarry. The appellant was indicted, tried and convicted for betting at cards at one of the places prohibited-by statute. The indictment ■ contained three counts, all of them alleginging substantially the same facts.
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From the Circuit Court of Jackson. Tried before the Hon. John B. Tarry. The appellant was indicted, tried and convicted for betting at cards at one of the places prohibited-by statute. The indictment ■ contained three counts, all of them alleginging substantially the same facts. The first count was in words as follows: “The grand jury of said county charge, that before the finding of this indictment, Joseph B. Rosson bet at a game played with cards or dice, or some device or substitute for cards or dice, at a tavern, inn, store-house for retailing spirituous liquors, or house or place where…
1Opinion of the CourtMcOLELLAN, J.
It has been many times held by the court that, in an indictment under section 4057, for betting at any game prohibited by section 4052 of the Code, the fact that the game at which the betting is alleged to have been done was played must be averred. — Smith v. State, 63 Ala. 55; Johnson v. State, 75 Ala. 7; Dreyfus v. State, 83 Ala. 54; Tolbert v. State, 87 Ala. 27. All of bur cases on this subject, however, were decided with respect to indictments found before the Code of 1886 went into effect, and all of them, except that last cited, were handed down before that time. The indictment in…
2Cases cited5 opinions
- Smith v. StateSupreme Court of Alabama · 1879
- Tolbert v. StateSupreme Court of Alabama · 1888
- Bass Furnace Co. v. GlasscockSupreme Court of Alabama · 1888
- Johnson v. StateSupreme Court of Alabama · 1883
- Dreyfus v. StateSupreme Court of Alabama · 1887
3Cited by13 opinions
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Ex parte BradshawSupreme Court of Alabama · 1911
- Wickard v. StateSupreme Court of Alabama · 1895
- Baker v. Central of Georgia Railway Co.Supreme Court of Alabama · 1910
- Alabama Mineral Railroad v. MarcusSupreme Court of Alabama · 1900
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