Jackson v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Pike. Tried before the Hon. E. B. "Wilkerson. The appellant, Phil Jackson, was prosecuted for betting at a game played with cards at a public house, or some other public place, or at an out-house where .people resort, and was convicted. The prosecution was commenced by an affidavit made before the judge of the Pike county criminal court.
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Appeal from the Criminal Court of Pike. Tried before the Hon. E. B. "Wilkerson. The appellant, Phil Jackson, was prosecuted for betting at a game played with cards at a public house, or some other public place, or at an out-house where .people resort, and was convicted. The prosecution was commenced by an affidavit made before the judge of the Pike county criminal court. On the trial of the cause, as is stated in the bill of exceptions, “the State proved by three or four witnesses that defendant engaged in and played in a game of cards called skin, on which money was bet, and that he played…
1Opinion of the CourtHaralson, J.
1. The law recognizes no distinction between the consequent weight of an unsuccessful attempt to establish an alibi as a defense, and an unsuccessful attempt to prove any other material fact in defense; and it is a well recognized principle that an attempt to prove any material fact in defense, followed by a failure, is a circumstance to be weighed against the party making it. There was no reversible error, therefore, in giving the first charge requested by thé State. If the defendant apprehended the charge singled out and laid stress upon a single phase of the evidence, he should have asked…
2Cases cited5 opinions
- Kilgore v. StateSupreme Court of Alabama · 1883
- Pellum v. StateSupreme Court of Alabama · 1889
- Albritton v. StateSupreme Court of Alabama · 1891
- Johnson v. StateSupreme Court of Alabama · 1883
- Nickols v. StateSupreme Court of Alabama · 1895
3Cited by4 opinions
- Wray v. StateAlabama Court of Appeals · 1911
- Wiley v. StateAlabama Court of Appeals · 1914
- Thacker v. StateSupreme Court of Alabama · 1931
- Threet v. StateAlabama Court of Appeals · 1922