Loiseau v. State
Supreme Court of Alabama
Appeal from the Circuit Court of J¿fferson. Tried before the Hon. James J. Banks. The defendant was indicted, tried and convicted for setting up and operating a slot machine, in violation of the act of the General Assembly, approved February 13, 1897. — Acts 1896-97, p. 901. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of J¿fferson. Tried before the Hon. James J. Banks. The defendant was indicted, tried and convicted for setting up and operating a slot machine, in violation of the act of the General Assembly, approved February 13, 1897. — Acts 1896-97, p. 901. The facts of the case are sufficiently stated in the opinion. The act prohibiting the operation of slot machines (Acts 1896-97, p. 901) is unconstitutional in that its caption does not sufficiently show that the act was designed to prohibit slot machines — such machines not being mentioned in the caption, and they not…
1Opinion of the Court
COLEMAN, J. —
The indictment against the defendant contains three counts, the first charging that defendant did unlawfully set up, carry on or operate a device of chance, to-wit, a slot machine; the second that he did unlawfully sell chances in a device of chance, to-wit, a slot machine; and the third, that defendant did set up, or was concerned in setting up or carrying on a lottery * * * to-wit, a slot machine.
The defense is rested upon an ordinance of the city of Birmingham, which included in its schedules of licenses slot machines, and an act of the legislature (Acts, 1896-97, p. 1099),…
2Cases cited4 opinions
- Yellow-Stone Kit v. StateSupreme Court of Alabama · 1889
- Chavannah v. StateSupreme Court of Alabama · 1873
- Buckalew v. StateSupreme Court of Alabama · 1878
- Reeves v. StateSupreme Court of Alabama · 1894
3Cited by26 opinions
- State v. Village of Garden CityIdaho Supreme Court · 1953
- State v. CoatsOregon Supreme Court · 1937
- Harris v. Missouri Gaming CommissionSupreme Court of Missouri · 1994
- Grimes v. StateSupreme Court of Alabama · 1937
- Opinion of the JusticesSupreme Court of Alabama · 2001
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