Bowdon v. State
Supreme Court of Alabama
From the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. The indictment in this case charged, that the defendant bet at a game played with cards in a public house, or in a public place.
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From the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. The indictment in this case charged, that the defendant bet at a game played with cards in a public house, or in a public place. The evidence adduced on the trial showed that the game, at which the defendant bet, was played in a room which was in the second story of a building, was the private bed-room of two young men, and was accessible only by a flight of steps running up on the outside- of the building; that the first story of the building was used as a store-house for the sale of merchandise, and that neither of…
1Opinion of the CourtMcCLELLAN, J.
The bill of exceptions in this case purports to set out all the evidence. It fails to show that there was any evidence of venue adduced. The court, at the request in writing of the solicitor, charged the jury that, if they believed the evidence, they would find the defendant guilty. This instruction, of course, raised and decided the question of the sufficiency of the evidence to sustain a conviction. Its effect was to direct and require a conviction, without proof *62that the offense was committed within the territorial jurisdiction of the court. Had there been no instruction going to the…
2Cases cited2 opinions
- Hubbard v. StateSupreme Court of Alabama · 1882
- Smith v. StateSupreme Court of Alabama · 1875
3Cited by11 opinions
- Woodson v. StateSupreme Court of Alabama · 1910
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
- Denton v. StateSupreme Court of Alabama · 1955
- Smith v. StateSupreme Court of Alabama · 1897
- Watts v. StateSupreme Court of Alabama · 1920
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