Warren v. State
Supreme Court of Alabama
Appeal from City Court of Mobile. Tried, before Hon. C. E. Moulton. The appellant was tried and convicted on an indictment for setting up, or being concerned in setting up or carrying on a lottery, without legislative authority, &c.
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Appeal from City Court of Mobile. Tried, before Hon. C. E. Moulton. The appellant was tried and convicted on an indictment for setting up, or being concerned in setting up or carrying on a lottery, without legislative authority, &c. None of the evidence is set out in the bill of exceptions, but it states that after the evidence had closed, and the general charge had been delivered to the jury, the counsel for the defendant verbally asked the court to charge the jury, “ that under section 7 of the charter of the Tuskaloosa Scientific and Art Association, approved Eeb. 3,1866, the simple…
1Opinion of the CourtB. F. Saffold, J.
The appellant was convicted under an indictment for carrying on a lottery, without legislative authority of the State. His counsel declined to put in writing a charge asked, and the court gave it in substance, but added that if the printing, or writing on the back of the certificates sold, declining the articles drawn, and requesting the payment of the value in money, was intended as a subterfuge to evade the law, the defendant *551would not be protected under the act incorporating the Tuskaloosa Scientific and Art Association.
The statute requiring charges asked tó be given or refused in the…
2Cases cited2 opinions
- Bryan v. StateSupreme Court of Alabama · 1871
- Milner v. WilsonSupreme Court of Alabama · 1871