Foster v. State
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. T. M. Arrington. Defendant Foster was indicted for playing cards at a tavern, inn, or public liouse, &c., under § 4052, Code 1886, and on trial was found guilty. Tbe facts are set out in tbe opinion.
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Appeal from City Court of Montgomery. Tried before Hon. T. M. Arrington. Defendant Foster was indicted for playing cards at a tavern, inn, or public liouse, &c., under § 4052, Code 1886, and on trial was found guilty. Tbe facts are set out in tbe opinion. Tbe following charges, numbered 1 and 2, were requested by him, and refused by tbe court. 1. “ If tbe jury believe from tbe evidence tbat tbe playing at cards, or betting at cards, occurred in tbe room occupied at tbe time of tbe playing or betting and for several years previous thereto, by DuBose Bibb as a bed room in wliicb be lived and…
1Opinion of the CourtSomebyille, J.
The defendant is indicted for playing at a game with cards at a tavern, inn, public house or out bouse, where people resort — the indictment following tbe require*452ments of section 4052 of the Code of 1886. — Code of 1876, § 4207,
The evidence, in our judgment, was sufficient to sustain a conviction for playing at a tavern or inn, and authorized the giving of the general affirmative charge, which was given by the court in favor of the State.
An inn is a house of entertainment for travellers — being synonymous in meaning with hotel or tavern. It was formerly defined to mean “ a house where a…
2Cases cited8 opinions
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