Swallow v. State
Supreme Court of Alabama
ERROR to the Circuit Court of Pickens. Tried before tbe Hon. Turner Beavis. Tbe plaintiff in error was indicted for playing at cards “in an out bouse where people did then and there resort.” Tbe proof was that be was seen to play but on one occasion. Tbe house in which tbe playing took place was described as an unoccupied store bouse in the town of Memphis, in Pickens county, and was one of a continuous line fronting on tbe street.
Read the full summary
ERROR to the Circuit Court of Pickens. Tried before tbe Hon. Turner Beavis. Tbe plaintiff in error was indicted for playing at cards “in an out bouse where people did then and there resort.” Tbe proof was that be was seen to play but on one occasion. Tbe house in which tbe playing took place was described as an unoccupied store bouse in the town of Memphis, in Pickens county, and was one of a continuous line fronting on tbe street. At tbe time of tbe playing tbe doors and windows were closed, and it was so dark, that although it was day time, a candle bad to be used. Tbe bouse was commonly…
1Opinion of the CourtPhelaN, J.
This court has decided, in the case of Cameron v. State, 15 Ala., 383, that “ the offence of gaming is complete by playing once.” This case disposes of that point.
It is quite clear that a vacant store house, such as that described in this case, if habitually resorted to by persons for the purpose of playing cards, comes within the provisions of the statute against playing at any “ out house where people resort.” The case of Cameron v. State goes to this point also. The question whether it was so resorted to or not was properly left to the jury.
In the charge given by the court to the jury,…
2Cases cited1 opinion
- Cameron v. StateSupreme Court of Alabama · 1849
3Cited by7 opinions
- Bufkins v. StateAlabama Court of Appeals · 1924
- Downey v. StateSupreme Court of Alabama · 1891
- State v. FaddoulSupreme Judicial Court of Maine · 1933
- Smith v. StateSupreme Court of Alabama · 1861
- State v. MelvilleSupreme Court of Rhode Island · 1877
2 more not listed; retrieve them via the Exa API.