Pickens v. State
Supreme Court of Alabama
Appeal from the City Courb of Decatur. Tried before the Hon. William H. Simpson. The defendant was prosecuted under section 4052 of the Code for gaming at a public place. The testimony showed that the house at which the gaming was done was a dwelling house located near a saloon and was occupied by negro women.
Read the full summary
Appeal from the City Courb of Decatur. Tried before the Hon. William H. Simpson. The defendant was prosecuted under section 4052 of the Code for gaming at a public place. The testimony showed that the house at which the gaming was done was a dwelling house located near a saloon and was occupied by negro women. Among other charges requested by the defendant were the following: “2. Unless the jury are satisfied from the evidence beyond a reasonable doubt and to a moral certainty that the house where the game'wns alleged to have been played was a public place they must find the defendant not…
1Opinion of the CourtStone, C. J.
This prosecution is based on section 4052 of the Code of 1886, and the complaint is framed according to form 23. The statute makes it a misdemeanor to “play at any game with cards or dice, or any device or substitute therefor,” at any one of several enumerated places, and then adds, “or in any other public place.” The effect of these words, other public place, in the connection in which they are used, is to declare that all the designated places which precede that clause are per se, public. The concluding designation—“out-house, where people resort,” is not per se, a public house or place. It…
2Cases cited5 opinions
- Tolbert v. StateSupreme Court of Alabama · 1888
- Rosson v. StateSupreme Court of Alabama · 1890
- Johnson v. StateSupreme Court of Alabama · 1883
- Dreyfus v. StateSupreme Court of Alabama · 1887
- Wheelock v. StateTexas Supreme Court · 1855
3Cited by2 opinions
- Downey v. StateSupreme Court of Alabama · 1896
- Yow v. StateMississippi Supreme Court · 1934