Collins v. State
Supreme Court of Alabama
From the Circuit Court of St. Clair. Tried before the ITon. Leroy F. Box. The indictment in this case charged that the defendant, John Collins, “bet fractional currency of the United States, of a value and denomination to said jurors unknown, or other thing of value also unknown, at a game played with cards, or dice, or other substitute or device for cards or dice, at a tavern, inn,” &c.
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From the Circuit Court of St. Clair. Tried before the ITon. Leroy F. Box. The indictment in this case charged that the defendant, John Collins, “bet fractional currency of the United States, of a value and denomination to said jurors unknown, or other thing of value also unknown, at a game played with cards, or dice, or other substitute or device for cards or dice, at a tavern, inn,” &c. The defendant demurred to the indictment, on these grounds: 1st, “ because the value and denomination of the fractional currency of the United States, in said indictment alleged to have been bet by defendant,…
1Opinion of the CourtBrickell, C. J.
The offense charged in. the indictment, or intended'to be charged, is the betting of money, bank-notes, or other thing of value, at a game with cards, or dice, or a substitute for either cards or dice, played at one of the places prohibited by the statute. — Code of 1876, § 1209. The form of indictment prescribed by the statute does not contain an averment of the thing bet, or of its value. A mere general averment that the defendant bet at a gaming-table, or at a game called keno, or at a game played with cards or dice, or a device or substitute therefor, at one of the places where such…
2Cases cited1 opinion
- Jacobson v. StateSupreme Court of Alabama · 1876
3Cited by3 opinions
- Tolbert v. StateSupreme Court of Alabama · 1888
- Ware v. StateAlabama Court of Appeals · 1914
- Johnson v. StateSupreme Court of Alabama · 1883