Legal Opinion

Jacobson v. State

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 14 opinions

From tbe City Court of Selma. Tried before tbe Hon. Joña. Haralson. Tbe indictment in tbis case contained two counts, tbe first count being as follows: “Tbe grand jury charge tbat, before tbe finding of tbis indictment, Martin Jacobson did bet at a game with cards, or dice, or some device or substitute for cards or dice, at a tavern, inn, store bouse for retailing-spirituous liquors, or bouse or place where spirituous liquors were at tbe time sold, retailed, or given away,…

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From tbe City Court of Selma. Tried before tbe Hon. Joña. Haralson. Tbe indictment in tbis case contained two counts, tbe first count being as follows: “Tbe grand jury charge tbat, before tbe finding of tbis indictment, Martin Jacobson did bet at a game with cards, or dice, or some device or substitute for cards or dice, at a tavern, inn, store bouse for retailing-spirituous liquors, or bouse or place where spirituous liquors were at tbe time sold, retailed, or given away, or in a public bouse, highway, or some other public place, or at an outhouse where people resort; against tbe peace,” &c.…

1Opinion of the Court

MANNING, J. —

The first count in the indictment in this cause is in the form prescribed for such a case in the Revised Code, and the demurrer to it was properly overruled.

2. The charge of the court placed the case properly before the jury, for their consideration; and being a long charge, containing several distinct paragraphs, an exception to the whole does not reach any minor defect in presenting a particular proposition which is only a part of the charge. The rule is, that the matter of exception shall be so brought to the attention of the court, before the retirement of the jury to make up…

2Cited by14 opinions

  1. Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
  2. Herring v. SkaggsSupreme Court of Alabama · 1878
  3. Philip Schneider Brewing Co. v. American Ice-Mach. Co.Court of Appeals for the Eighth Circuit · 1896
  4. Kemp v. JacksonSupreme Court of Alabama · 1962
  5. Tolbert v. StateSupreme Court of Alabama · 1888

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