Wickard v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before Hon. Tiros. R. Rouli-iac. The indictment in this case is as follows : “The grand jury of said county charge that, before the finding of this indictment, that a game was played at cards or dice, and that Sam Wickard played at said game with cards or dice, or some device or substitute for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house or place where spirituous liquors were at the…
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Appeal from the Circuit Court of Limestone. Tried before Hon. Tiros. R. Rouli-iac. The indictment in this case is as follows : “The grand jury of said county charge that, before the finding of this indictment, that a game was played at cards or dice, and that Sam Wickard played at said game with cards or dice, or some device or substitute for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house or place where spirituous liquors were at the time sold, retailed, or given away, or in a public house, highway, or some other public place, or at an outhouse where…
1Opinion of the CourtHead, J.
The indictment is sufficient. — Code. §§ 4052,4057; Rosson v. State, 92 Ala. 76.
The challenge for cause of the named jurors who sat upon the trial of Robert Oliver, who had been tried and convicted of playing and betting at the same house, and within the same period, at which defendant is charged to have committed the like offense, ought to have been sustained, on proof of the fact upon which they were based. The court held the grounds insufficient in law, and overruled the challenges. They come within the principle, on the point involved, of Smith v. State, 55 Ala. 1. See also Dothard v.…
2Cases cited5 opinions
- Dothard v. DensonSupreme Court of Alabama · 1882
- Smith v. StateSupreme Court of Alabama · 1876
- Carr v. StateSupreme Court of Alabama · 1893
- Smith v. StateSupreme Court of Alabama · 1875
- Rosson v. StateSupreme Court of Alabama · 1890
3Cited by15 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Stover v. StateSupreme Court of Alabama · 1920
- People v. MolMichigan Supreme Court · 1904
- Morris v. McClellanSupreme Court of Alabama · 1910
- Baker v. StateAlabama Court of Appeals · 1923
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