Smith v. State
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Tried before the Hon. B. W. HujsttiNGTON. The plaintiff in error was indicted for keeping “a billiard table in connection with a house where spirituous liquors are retailed, as an appendage thereto.” • Clay’s Digest 434 § 19. He demurred to the indictment, but his demurrer was overruled.
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Error to the Circuit Court of Sumter. Tried before the Hon. B. W. HujsttiNGTON. The plaintiff in error was indicted for keeping “a billiard table in connection with a house where spirituous liquors are retailed, as an appendage thereto.” • Clay’s Digest 434 § 19. He demurred to the indictment, but his demurrer was overruled. On tbe trial a bill of exceptions was ‘taken to the rulings of the court, from which it appears that the State introduced a witness who testified, “ that the defendant kept a billiard table in the county shortly before the finding of the indictment, and that he also kept…
1Opinion of the CourtGibbons, J.
This indictment is founded upon an offence purely statutory, and from numerous decisions of this court in like cases, it is sufficient if the indictment charges the offence in the words of the statute, or in words tantamount to those employed by the statute. The State v. Click, 2 Ala. 26; State v. Duncan, 9 P. 260; State v. Stedman, 7 P. 495; Worrell v. The State, 12 Ala. 732; The State v. Bullock, 13 Ala. 413. The indictment in this case seems to have employed the words of the statute literally. The demurrer therefore was correctly overruled.
The court below charged the jury, that if they…
2Cases cited3 opinions
- State v. BullockSupreme Court of Alabama · 1848
- State v. ClickSupreme Court of Alabama · 1841
- Worrell v. StateSupreme Court of Alabama · 1848
3Cited by9 opinions
- Weaver v. LapsleySupreme Court of Alabama · 1869
- Sellers v. StateAlabama Court of Appeals · 1913
- Martin v. StateAlabama Court of Appeals · 1911
- Ex parte CresswellSupreme Court of Alabama · 1877
- Anderson v. StateSupreme Court of Alabama · 1872
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