Holland v. State
Supreme Court of Alabama
QUESTIONS IN THIS CASE. Relative to the reference of novel and difficult qiies* tions. As to words in an indictment for flaying at cards. This was an indictment tried in Jackson Circuit Court, in which the defendants were convicted, un? der the act of 182S, on the subject of gaming. The indictment, charged, that the defeudantsy>fay-.ed at cards: and it was contended, that it was bad, in as much as it did not aver the playing at a game, with cards.
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QUESTIONS IN THIS CASE. Relative to the reference of novel and difficult qiies* tions. As to words in an indictment for flaying at cards. This was an indictment tried in Jackson Circuit Court, in which the defendants were convicted, un? der the act of 182S, on the subject of gaming. The indictment, charged, that the defeudantsy>fay-.ed at cards: and it was contended, that it was bad, in as much as it did not aver the playing at a game, with cards. On this point the case was referred, by the presiding judge,.to this Court; where Parsojis insisted, on the part of the defendants, upon three…
1Opinion of the CourtHopkins, J.
This was an indictment against the plaintiffs, for playing at cards, in a highway. The verdict of the jury was, that they were guilty. The reason assigned in support of a motion, which they made in arrest of judgment, was, that the indictment did not aver that they played at a game, with cards, but charged, only, that they played at cards.
Upon the hearing of the motion, the Circuit Court permitted the judgment, upon the verdict, to stand against them, and referred the question, which arose out of the motion, to this Court, as a novel and difficult one; but suspended the operation of the…
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