State v. Mahan
Supreme Court of Alabama
Question referred by the Circuit Court of Bibb County, as novel and difficult. INDictment for betting on an election; the charge as stated is, that the defendant “on the 10th day of October, 1839, did bet promissory notes upon the result of an election in this State, to wit: upon the election for representative in the Congress of the United State from the Congressional district including the County of Bibb, to wit: the third Congressional district of the State of Alabama —…
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Question referred by the Circuit Court of Bibb County, as novel and difficult. INDictment for betting on an election; the charge as stated is, that the defendant “on the 10th day of October, 1839, did bet promissory notes upon the result of an election in this State, to wit: upon the election for representative in the Congress of the United State from the Congressional district including the County of Bibb, to wit: the third Congressional district of the State of Alabama — held on the 1st Monday of August, 1S39.” The defendant demurred to the indictment) the demurrer was overruled, but the…
1Opinion of the CourtGoldthwaite, J.
1. This indictment is supposed to be authorised by the act of 1830, which is in these terms, “ any person or persons, who shall make any bet, or wager of money, or any other valuable thing, upon any election or elections in this State, shall be guilty of a misdemeanor.” The practice of wagering with respect to an election, is one very well calculated to affect the purity of the elective franchise, and is the one which the statute was intended to suppress) but there is a wide distinction between betting on the result of an election, which has been consummated, and one which is in progress. •…
2Cited by6 opinions
- State v. GibsonSupreme Court of Missouri · 1892
- State v. NewmanNew Mexico Supreme Court · 1923
- Commonwealth v. AveryCourt of Appeals of Kentucky · 1879
- State v. GriggsWest Virginia Supreme Court · 1890
- Commonwealth v. LeakCourt of Appeals of Kentucky · 1903
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