Eslava v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before Hon. C. F. Moulton. This was an indictment under section 3622 of the Revised Code, for betting at a game called “beno/’ &c. The defendant went to trial on plea of “ not guilty,” was found guilty, and sentenced to pay a fine of |50 and the costs of the prosecution.
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Appeal from the City Court of Mobile. Tried before Hon. C. F. Moulton. This was an indictment under section 3622 of the Revised Code, for betting at a game called “beno/’ &c. The defendant went to trial on plea of “ not guilty,” was found guilty, and sentenced to pay a fine of |50 and the costs of the prosecution. On the trial, the State having proved the buying of a ticket, and the betting at “keno,” by the defendant, in the month of February, 1870, and the manner in which said game was played, the defendant offered in evidence the following paper or “ license “ State of Alabama, ) No. 6.…
1Opinion of the CourtPeters, J.
The indictment in this case is in the following words:
“ State of Alabama, ) City Court of Mobile, Mobile county. f February term, 1870.
“The grand jury of said county charge, that before the finding of this indictment, J. Eslava bet at a gaming table for gaming, or at a game called keno, “ against the peace and dignity of the State of Alabama.”
The defendant, Eslava, went to trial on this charge upon a plea of not guilty, and was found guilty by the jury, and fined fifty dollars, and taxed with the costs. From this conviction he appeals to this court.
The proofs show that, beyond all doubt, the…
2Cases cited1 opinion
- King v. ShacklefordSupreme Court of Alabama · 1848