Legal Opinion

Glass v. State

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 9 opinions

EboM the Circuit Court of Marshall. Tried before tbe Hon. ¥m. S. Mudd. The evidence in this ease is tbits stated in tbe bill of exceptions: “Tbe State introduced evidence, tending to show that tbe defendants played cards, in July, 1855, at a place in said county between tbe top, or the ordinary high-water bank of tbe Tennessee river, and the loty-water mark, about one hundred yards from the public road, and one hundred and fifty or two hundred yards from any public landing;…

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EboM the Circuit Court of Marshall. Tried before tbe Hon. ¥m. S. Mudd. The evidence in this ease is tbits stated in tbe bill of exceptions: “Tbe State introduced evidence, tending to show that tbe defendants played cards, in July, 1855, at a place in said county between tbe top, or the ordinary high-water bank of tbe Tennessee river, and the loty-water mark, about one hundred yards from the public road, and one hundred and fifty or two hundred yards from any public landing; that the bushes and weeds, growing around where they played, concealed them entirely from the public road and landing;…

1Opinion of the CourtRice, C. J.

It must be conceded, that under the existing laws of the United States and of this State, the navigable rivers within this State are public highways for certain purposes ; but it does not follow that they are so for all purposes. — Bullock v. Wilson, 2 Porter, 436; Morgan v. Reading, 3 Smedes & Marsh. 366.

*531In Mills v. The State, 20 Ala. 86, a highway, within the meaning of the statute then of force against gaming, was defined by our predecessors to be “a public road; that is, a road dedicated to, and kept up by the public, as contra-distinguished from private ways, or neighborhood roads, which…

2Cases cited4 opinions

  1. Bullock v. WilsonSupreme Court of Alabama · 1835
  2. Mills v. StateSupreme Court of Alabama · 1852
  3. Coleman v. StateSupreme Court of Alabama · 1848
  4. Bush v. StateSupreme Court of Alabama · 1850

3Cited by9 opinions

  1. Lewis v. StateCourt of Criminal Appeals of Texas · 1910
  2. Davenport v. CashSupreme Court of Alabama · 1950
  3. Pappenburg v. StateAlabama Court of Appeals · 1914
  4. Comer v. StateSupreme Court of Alabama · 1878
  5. Napier v. StateSupreme Court of Alabama · 1874

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