Minto v. State
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard, before Hon. Gaston Gunter. Mike Minto was convicted of keeping a gaming table, and'lie appeals. Tlie exceptions to evidence sufficiently appear in the opinion. The charges referred to are as follows: (2) “Unless there is evidence in this case to the effect that the defendant obtained a part of the take-out or takeouts in the game testified about, then the jury must find the defendant not guilty.”
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Appeal from Montgomery City Court. Heard, before Hon. Gaston Gunter. Mike Minto was convicted of keeping a gaming table, and'lie appeals. Tlie exceptions to evidence sufficiently appear in the opinion. The charges referred to are as follows: (2) “Unless there is evidence in this case to the effect that the defendant obtained a part of the take-out or takeouts in the game testified about, then the jury must find the defendant not guilty.” (4) “The court charges the jury that unless the jury is morally certain- from the evidence, and the evidence alone, that the Capital City Association or this…
1Opinion of the CourtWalkeb, P. J.
— In the course of the examination of the first witness introduced by the prosecution in ref*308erence to the place which was sought to be proved to have been the scene of the commission by the defendant of the offense charged; the following question was asked: “How did you get in; how was the entrance there; how many doors you went through before you get into the place; was there a gambling table there?” This was not a single question, but several questions asked together. The defendant objected to the inquiry-as a whole. Part of it called for a statement of the witness descriptive of the place…
2Cases cited4 opinions
- Martin v. StateAlabama Court of Appeals · 1911
- United States v. ScottU.S. Circuit Court for the District of Kentucky · 1895
- State v. Bach Liquor Co.Supreme Court of Arkansas · 1899
- Southern Ry. Co. v. HardinAlabama Court of Appeals · 1911
3Cited by20 opinions
- Kelley v. StateAlabama Court of Appeals · 1946
- Brannon v. StateAlabama Court of Appeals · 1917
- Jarrell v. StateAlabama Court of Appeals · 1949
- Jackson v. StateAlabama Court of Appeals · 1947
- Thomas v. StateCourt of Criminal Appeals of Alabama · 1978
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