Bythwood v. State
Supreme Court of Alabama
Erbor to tbe Circuit Court of "Wilcox. Tried before tbe Hon. Bobert Dougherty. Tbe plaintiffs in error were indicted under tbe statute, for playing cards “in a public place." Tbe facts, as shown by tbe bill of exceptions, were these. Some time in tbe summer of 1851, there was a large collection of people at Pharr’s store, in Wilcox county, to bear tbe discussion of tbe candidates.
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Erbor to tbe Circuit Court of "Wilcox. Tried before tbe Hon. Bobert Dougherty. Tbe plaintiffs in error were indicted under tbe statute, for playing cards “in a public place." Tbe facts, as shown by tbe bill of exceptions, were these. Some time in tbe summer of 1851, there was a large collection of people at Pharr’s store, in Wilcox county, to bear tbe discussion of tbe candidates. On that day tbe persons named in tbe indictment, five in number, “went into a piece of woods where tbe under growth was very thick, and into a deep hollow in said woods, about four hundred yards from said store, and…
1Opinion of the CourtPhelan, J.
Tbe effect of tbe charge of tbe court was, to declare tbe place where tbis card playing was done a “public place." Tbe defendants below could only be found guilty, according to law, on that ground.
Was that place public, or was it not? If public, it must be so in one of two ways; that is, it was of a public nature, public per se, like tbe street or highway, or it was made public at tbe time by force of circumstances.
That it was not public in its nature, it is not necessary to argue.
Was it, then, made public at tbe time, by force of circumstances?
What will make a place public, within tbe…
2Cited by7 opinions
- Ingram v. StateAlabama Court of Appeals · 1969
- Schultz v. StateCourt of Criminal Appeals of Alabama · 1983
- Windham v. StateSupreme Court of Alabama · 1855
- Foster v. StateSupreme Court of Alabama · 1887
- City of Birmingham v. RichardAlabama Court of Appeals · 1967
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