Downey v. State
Supreme Court of Alabama
From the Circuit Court of Jackson. Tried before the Hon. John B. Tally. The indictment in this case charged, in the' general words of the statute, that the defendant played at a game with cards, at a public house, public place, &c., “or at an out-house where people resort.” The defendant pleaded not guilty, without objection to the indictment, and issue was joined on that plea.
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From the Circuit Court of Jackson. Tried before the Hon. John B. Tally. The indictment in this case charged, in the' general words of the statute, that the defendant played at a game with cards, at a public house, public place, &c., “or at an out-house where people resort.” The defendant pleaded not guilty, without objection to the indictment, and issue was joined on that plea. On the trial, as the bill of exceptions states, a witness for the prosecution testified, that on a particular day, within the time covered by the indictment, on approaching an old dilapidated mill-house, he found the…
1Opinion of the CourtOlopton, J.
The charges asked by defendant, and refused by the court, raise the question, what circumstances are requisite to constitute “ an out-house where people resort,” in the meaning of section 4052 of the Code. The first instruction affirms, that an out-house where people resort, as used in the statute, “ is an out-house where persons frequently or habitually resort, not a place where persons go once, or only occasionally.” The case of Swallow v. State, 20 Ala. 30, by the use of the word habitually, apparently lends support, to the proposition Cf the charge, but does not really, when it is…
2Cases cited2 opinions
- Swallow v. StateSupreme Court of Alabama · 1852
- Cain v. StateSupreme Court of Alabama · 1857
3Cited by4 opinions
- Downey v. StateSupreme Court of Alabama · 1896
- Thompson v. StateSupreme Court of Alabama · 1892
- State v. YorkSupreme Court of New Hampshire · 1907
- Downey v. StateSupreme Court of Alabama · 1895