Franklin v. State
Supreme Court of Alabama
From the Circuit Court of Covington. Tried before the Hon. John V. Hubbard. The indictment in this case charged,, in the first count, that the defendant played at a game with cards, &c., at a tavern, “ or in a public highway, or some other public place and in the second count, that he bet at a ghme so played.
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From the Circuit Court of Covington. Tried before the Hon. John V. Hubbard. The indictment in this case charged,, in the first count, that the defendant played at a game with cards, &c., at a tavern, “ or in a public highway, or some other public place and in the second count, that he bet at a ghme so played. On the trial, the State introduced one Cassady as a witness, who testified that, “during the year 1889, five or six months before he went before the grand jury that found the indictment, he was at Loango, a post-office in said county, for the trial of a cause in a justice’s court; that…
1Opinion of the CourtMcCLELLAN, J.
Whether the defendant and others, who played cards on a certain alternoon, about two hundred yards from the post-office at Loango, and seventjr-five or one hundred yards east of the Evergreen road, in the presence of the witness Oassady, were the persons seen by the witness Deens from that highway that afternoon, seated on the ground, while other persons were standing around — the distances and directions being the same — was a question for the determination of the jury, the evidence of these and other witnesses tending, as the bill of exceptions shows, to identify the time and place…
2Cases cited2 opinions
- Henderson v. StateSupreme Court of Alabama · 1877
- Smith v. StateSupreme Court of Alabama · 1853
3Cited by6 opinions
- Lee v. StateSupreme Court of Alabama · 1902
- Burt v. StateSupreme Court of Alabama · 1909
- Warren v. City of AuburnSupreme Court of Alabama · 1976
- Mitchell v. StateCourt of Criminal Appeals of Alabama · 1980
- Mosely v. StateSupreme Court of Alabama · 1909
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