Wilcox v. State
Supreme Court of Alabama
From the Circuit Court of Jefferson. Tried before the Hon. W. S. Mudd. The defendant in this case was indicted, under section 3625 of the Revised Code, for suffering gaming in a house kept by him, in which spirituous liquors were retailed. He reserved a bill of exceptions on the trial to several rulings of the court, which are now assigned as error, and which will be readily understood from the opinion of the court.
1Opinion of the CourtBrickell, J.
The charge given by the court seems to us free from error. The fact was not disputed, that the defendant was the keeper or superintendent of a “ house where spirituous liquors were sold or retailed.” The evidence most favorable for him is, that certain persons there, in his presence, in the night-time, commenced playing at cards; that he forbade and remonstrated against the playing, but the players continued until they finished the game, when the defendant directed all the persons in the house to leave, extinguished the lights, and closed his doors. The court charged the jury, if *143these were…
2Cases cited1 opinion
- Winter v. StateSupreme Court of Alabama · 1857