Johnson v. State
Supreme Court of Alabama
From the Circuit Court of St. Clair. Tried before the Hon. Leroy F. Box. — Baffling was not a misdemeanor at common law. — 2 Bish. Crim. Law, 506; 3 Ala. 735. It has been often licensed by law, and has never been expressly prohibited or punished. It is sanctioned by public opinion, and is practiced by churches and charitable associations.
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From the Circuit Court of St. Clair. Tried before the Hon. Leroy F. Box. — Baffling was not a misdemeanor at common law. — 2 Bish. Crim. Law, 506; 3 Ala. 735. It has been often licensed by law, and has never been expressly prohibited or punished. It is sanctioned by public opinion, and is practiced by churches and charitable associations. It is not within the mischiefs attendant, on gaming in public places, aud is not within either the letter or the spirit of the statutes. cited Jones v. The State, 26 Ala. 155; Mclnnis v. The State, 51 Ala. 23.
1Opinion of the CourtSomeryille, J.
— The defendant is indicted for playing at a game with cards or dice, at a public house, or one of the other public places prohibited by section 4052 of Code 1886. The evidence showed that he had taken a chance in an ordinary raffle for a watch, raffled off by one Ferguson, and that defendant had thrown with dice, in the common mode, to determine who was entitled to the prize, the one throwing the highest number being regarded as the winner. The court charged the jury, that, if they believed the evidence, which was clear and undisputed, they must find the defendant guilty.
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2Cases cited6 opinions
- Buckalew v. StateSupreme Court of Alabama · 1878
- Clarke v. StateSupreme Court of Alabama · 1847
- Jones v. StateSupreme Court of Alabama · 1855
- Hawkins v. StateSupreme Court of Alabama · 1859
- State v. MoseleySupreme Court of Alabama · 1848
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3Cited by6 opinions
- Yellow-Stone Kit v. StateSupreme Court of Alabama · 1889
- Grimes v. StateSupreme Court of Alabama · 1937
- Barber v. Jefferson County Racing Ass'n, Inc.Supreme Court of Alabama · 2006
- Try-Me Bottling Co. v. StateSupreme Court of Alabama · 1938
- Opinion of the JusticesSupreme Court of Alabama · 1947
1 more not listed; retrieve them via the Exa API.