Johnson v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before the Hon. S. H. Bproxt. The appellant in this case; Tom Johnson, was indicted, tried and convicted for carrying on a lottery. The facts relating to the court entering a nol. pros, as to the second and third counts of the indictment, are sufficiently shown in the opinion.
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Appeal from the Circuit Court of Fayette. Tried before the Hon. S. H. Bproxt. The appellant in this case; Tom Johnson, was indicted, tried and convicted for carrying on a lottery. The facts relating to the court entering a nol. pros, as to the second and third counts of the indictment, are sufficiently shown in the opinion. The witness for the ¡átate testified that the defendant was tifie proprietor and owner of a saloon in the town of Fayette, Alabama; that he had been in the defendant’s place of business frequently before the finding of the indictment in this case, and had played on the…
1Opinion of the CourtDowdell, J.
The indictment in this case contained three counts. The first charged, that the defendant “set up or was concerned in setting up or carrying on a lottery;” the second count charged that the defendant “set up or carried on, or was concerned in setting up or carrying on a lottery or device for a lottery, or sold or was interested in selling tickets or shares in a lottery;” and the third count charged that the defendant “set up or carried on, or operated a lottery, to-wit, a slot, machine,” etc.
Before entering upon the trial, the court, on motion of the solicitor, entered a not. pros, as to the…
2Cases cited2 opinions
- Loiseau v. StateSupreme Court of Alabama · 1896
- Reeves v. StateSupreme Court of Alabama · 1894
3Cited by12 opinions
- State Ex Rel. Evans v. Brotherhood of FriendsWashington Supreme Court · 1952
- State v. Village of Garden CityIdaho Supreme Court · 1953
- State v. CoatsOregon Supreme Court · 1937
- Opinion of the JusticesSupreme Court of Alabama · 2001
- Ex Parte Ted's Game EnterprisesSupreme Court of Alabama · 2004
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