Rogers v. State
Alabama Court of Appeals
Gaming. Appeal from BeKalb Circuit Court. Heard before Hou. W. W. Haralson. Bock Rogers was convicted of gaming, and be appeals. The original affidavit, omitting formal charging part, is that within 12 months before making this affidavit Bock Rogers bet at a game played with cards or dice or some device or substitute for cards or dice.
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Gaming. Appeal from BeKalb Circuit Court. Heard before Hou. W. W. Haralson. Bock Rogers was convicted of gaming, and be appeals. The original affidavit, omitting formal charging part, is that within 12 months before making this affidavit Bock Rogers bet at a game played with cards or dice or some device or substitute for cards or dice. In the county court, after demurrers had been sustained, the court permitted complaint to be amended by inserting in the affidavit the following words: “In a public place where people resort, or where spirituous, vinous or malt liquors were sold or given away.”…
1Opinion of the CourtBrown, J.
If it be conceded that the original complaint was wanting in that certainty which is necessary to constitute a formal accusation of crime, and that it was demurrable for failing to designate one of the places enumerated in the statute at which such games are prohibited, as required of indictments in such cases by section 6984 of the Code; still this was an amendable defect, and the purpose of the amendment offered, by the solicitor was to obviate the objection raised to the complaint by the defendant’s demurrer, which had been sustained, and the amendment was properly allowed.—Campbell v.…
2Cases cited13 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Simpson v. StateSupreme Court of Alabama · 1895
- Wright v. StateSupreme Court of Alabama · 1902
- Tolbert v. StateSupreme Court of Alabama · 1888
- Ferrell v. City of OpelikaSupreme Court of Alabama · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Young v. City of Hokes BluffCourt of Criminal Appeals of Alabama · 1992
- Nelson v. StateAlabama Court of Appeals · 1916
- Pratt v. StateCourt of Criminal Appeals of Alabama · 1973
- Johnson v. StateAlabama Court of Appeals · 1923
- Seay v. StateAlabama Court of Appeals · 1944
4 more not listed; retrieve them via the Exa API.