Hallmark v. State

SIMPSON, Judge.

This is the second appeal from a judgment of conviction for the offense of vagrancy. Opinion in the first appeal is reported in 28 Ala.App. 416, 185 So. 908. Trial of the instant case, in the lower court, again proceeded for a violation of Subd. 6 of Section 5571, Code 1923 — specifically that defendant (appellant) was a professional gambler during the period jfrom August 6, 1936, to August 6, 1937.

It was the contention of the State upon trial that the defendant, during the specified period, was concerned, engaged or interested in an illegal lottery, described by witnesses as…