Mosely v. State
Supreme Court of Alabama
Appeal from Monroe County Court. Heard before Hon. I. B. Slaughter. Ivey Mosely was convicted of playing at a game of cards, etc., in his own home, at a public place, and he appeals. Under the facts in this case, the defendant should have been discharged.— Franklin v. The State, 91 Ala. 23; Lee v. The State, 136 Ala.
1Opinion of the CourtAnderson, J.
The defendant was indicted under section 4792 of thé Code of 1896 (section 6983 of the Code of 1907). The only question presented is whether or not the playing was so near the public road that parties in or traveling the same could see and tell that they were playing cards. It is not sufficient that the players were seen and could be recognized; but could persons in the road see them playing cards? — Franklin v. State, 91 Ala. 23, 8 South. 678.
The state not only failed to prove that they were or could be seen playing cards, but both of its witnesses *75testified that they were looking at the…
2Cases cited1 opinion
- Franklin v. StateSupreme Court of Alabama · 1890
3Cited by2 opinions
- Ingram v. StateAlabama Court of Appeals · 1969
- Ingram v. StateAlabama Court of Appeals · 1969