Downey v. State
Supreme Court of Alabama
Appeal from the City Court of Bridgeport. Tried before the Hon. S. W. Tate. The appellant was indicted, tried and convicted for betting at a game of cards at “an out-house where people resort.” The facts of the case showing the rulings of the court, upon the present appeal, are sufficiently stated in the opinion.
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Appeal from the City Court of Bridgeport. Tried before the Hon. S. W. Tate. The appellant was indicted, tried and convicted for betting at a game of cards at “an out-house where people resort.” The facts of the case showing the rulings of the court, upon the present appeal, are sufficiently stated in the opinion. The court, at the request of the State, gave to the jury the following written charge: “An unoccupied storehouse, if resorted to by persons for the purpose of playing cards, comes within the provisions of the statute against playing cards at an outhouse were people resort, and it…
1Opinion of the CourtColeman, J.
The defendant -was convicted for betting at a game played with cards at “an outhouse where people resort.” The evidence showed that the playing took place in “a storehouse” not then used as a house for business, or any ostensible purpose. There was no error in admitting the evidence of the various witnesses, who testified to playing cards with the defendant in the building at different times. This evidence was competent to sustain the charge, that the building was an outhouse where people resort. The defendant testified as a witness in his own behalf. On cross-examination he was asked by the…
2Cases cited3 opinions
- Downey v. StateSupreme Court of Alabama · 1891
- Downey v. StateSupreme Court of Alabama · 1895
- Pickens v. StateSupreme Court of Alabama · 1893
3Cited by32 opinions
- Shadle v. StateSupreme Court of Alabama · 1967
- Parrish v. StateSupreme Court of Alabama · 1903
- Van Antwerp v. StateCourt of Criminal Appeals of Alabama · 1978
- Jarvis v. StateSupreme Court of Alabama · 1902
- Hill v. StateSupreme Court of Alabama · 1915
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