Campbell v. State
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. Tried before the Hon. Geo. Goldthwaite. cited Clarke v. The State, 12 Ala. 492. 1. There was no error in the refusal of the court to charge “that a public place was a place where the public'had a right to go.” There are two kinds of public places — one public in itself, and the other made so by an assemblage d'f persons.
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Error to the Circuit Court of Cherokee. Tried before the Hon. Geo. Goldthwaite. cited Clarke v. The State, 12 Ala. 492. 1. There was no error in the refusal of the court to charge “that a public place was a place where the public'had a right to go.” There are two kinds of public places — one public in itself, and the other made so by an assemblage d'f persons. To the first class belong court-houses, streets and market-houses of a city, &c.; to the second class, the private residences of persons made public by large collections of people. To the first class the public have a right to go; to…
1Opinion of the CourtParsons, J.
The indictment against the plaintiffs in error contains two counts: The first is for playing at cards at a public place; the second for playing at cards in an out-house, where people resort. The plaintiffs in error were convicted, and it appears by the bill of exceptions that the playing took place in a room that had been vacant until within a few days of the time of the playing, when one McLain obtained permission to occupy it temporarily as a shoe-maker’s shop, where, not having a family, he cooked his meals and slept on the floor; that on the night of the playing, which was during a term…
2Cases cited1 opinion
- Clarke v. StateSupreme Court of Alabama · 1847
3Cited by8 opinions
- Tooke v. StateCourt of Appeals of Georgia · 1908
- Roberts v. StateCourt of Appeals of Georgia · 1908
- State v. MusserIdaho Supreme Court · 1946
- Ferrell v. City of OpelikaSupreme Court of Alabama · 1905
- Morrow v. StateAlabama Court of Appeals · 1923
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