McCalman v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Cherokee. Tried before tbe Hon. John B. Tally. Tbe testimony of tbe witness Bell, wliicb is referred to in tbe opinion, was uncontradicted. On tbe evidence adduced, the court, at tbe request of tbe solicitor, gave tbe following written charge: “If tbe jury believe evidence, they will find tbe defendant guilty as charged in tbe indictment.” Tbe defendant duly excepted to tbe giving of this charge.
1Opinion of the CourtColeman, J.
Tbe defendant was tried and convicted of tbe offense of gaming. Tbe indictment follows tbe form prescribed by the Code. Tbe statute prohibits tbe playing “at any game with cards or dice, or any device or substitute therefor, at any tavern, inn, storehouse for selling or retailing spirituous, vinous or malt liquors, or a place where spirituous, vinous or malt liquors are retailed, sold or given away, or in a public bouse, highway, or any other public place.” Code, § 4052. Tbe proof showed that one Winters was tbe proprietor of tbe bouse in which tbe playing at cards occurred. Tbe bill of…
2Cases cited3 opinions
- Cochran v. StateSupreme Court of Alabama · 1857
- Moore v. StateSupreme Court of Alabama · 1857
- State v. CloudSupreme Court of Alabama · 1844
3Cited by21 opinions
- Evans v. StateSupreme Court of Alabama · 1895
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
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