Clark v. State
Supreme Court of Alabama
Error to the Circuit Court of -Montgomery. Tried before the Hon. John D. Phelan. 1. The indictment in this case is framed under the 16fch section of the 6th chapter of the Penal Code, (Clay’s Dig, 484) and is defective and insufficient in not setting forth the facts and circumstances constituting the offence. 2. In framing an indictment tader a statute it is not always Sufficient to pursue the very words of the statute, unless, by so doing, the fact in the doing or hot doing…
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Error to the Circuit Court of -Montgomery. Tried before the Hon. John D. Phelan. 1. The indictment in this case is framed under the 16fch section of the 6th chapter of the Penal Code, (Clay’s Dig, 484) and is defective and insufficient in not setting forth the facts and circumstances constituting the offence. 2. In framing an indictment tader a statute it is not always Sufficient to pursue the very words of the statute, unless, by so doing, the fact in the doing or hot doing of which the offence consists, be fully, directly and expreasly alleged, without uncertainty or ambiguity. — Turnipseed…
1Opinion of the CourtColeman, J.
The indictment in this case charges that “ the defendant, being the 'Occupant of 'a certain house at the *554race track, near the city of Montgomery,, in said county, did' then and there unlawfully and knowingly permit and suffer a certain gaming table, called a faro bank, to be exhibited and carried on in said house, by him the said John Clarke,, so occupied-as aforesaid.”
The indictment is founded on the 16th section, chap. 6th, of the-Penal Code, in these words : “ If any owner or occupant of any house, out house, or other building, booth or tent, shall knowingly permit, or suffer any of the…
2Cases cited6 opinions
- State v. ClickSupreme Court of Alabama · 1841
- Butler v. StateIndiana Supreme Court · 1840
- Ball v. StateIndiana Supreme Court · 1844
- State v. DoleIndiana Supreme Court · 1833
- Commonwealth v. CrupperCourt of Appeals of Kentucky · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Grattan v. StateSupreme Court of Alabama · 1882
- Andrews v. StateCourt of Criminal Appeals of Alabama · 1977
- Carson v. StateSupreme Court of Alabama · 1881
- West v. PeopleIllinois Supreme Court · 1891
- Morrow v. StateCourt of Criminal Appeals of Alabama · 1973
25 more not listed; retrieve them via the Exa API.