Ayers v. State
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Tried before Hon. Le Roy E. Box. The indictment in this cause was found at the fall term, 1879, of said court, and contains one count, in which it is charged that before the finding of the indictment, the defendant “ bet or hazarded money, to-wit: lawful currency of the United States of America, of a value and denomination to said jurors unknown, or other thing of value, to-wit: poker chips of the value of one cent, at a game played with…
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Appeal from Etowah Circuit Court. Tried before Hon. Le Roy E. Box. The indictment in this cause was found at the fall term, 1879, of said court, and contains one count, in which it is charged that before the finding of the indictment, the defendant “ bet or hazarded money, to-wit: lawful currency of the United States of America, of a value and denomination to said jurors unknown, or other thing of value, to-wit: poker chips of the value of one cent, at a game played with cards or dice, or some device or substitute for cards ór dice, at a tavern, inn or place where spirituous liquors were at…
1Opinion of the CourtStone, J.
The defendant asked the court in writing to charge the jury that “the testimony of the witness must be such as to establish the fact to a moral certainty, and beyond all reasonable doubt, that every allegation in the indictment is true.” Only one witness had given criminating evidence. The charge, as asked, asserted a legal truism, yet it should not have been given. This, if for no other reason, because the effect of it would have been to refer it to the jury to ascertain what were the allegations in the indictment. Average juries are poorly qualified to construe pleadings — particularly such…
2Cited by12 opinions
- Wright v. StateSupreme Court of Alabama · 1893
- Palmer v. StateSupreme Court of Alabama · 1910
- Duck v. StateAlabama Court of Appeals · 1957
- Nichols v. StateSupreme Court of Alabama · 1893
- Elliott v. StateSupreme Court of Alabama · 1968
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