Rodgers v. State
Supreme Court of Alabama
Error from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. The indictment in this case, found at the Fall term, 1854, is as follows: “ The grand jury of said county charge, that before the finding of this indictment, Alsey E. Rodgers did bet at a game of pool at a house where spirituous liquors were retailed; and the grand jury of said county further charge, that Alsey E. Rodgers did bet at a game of pool at a public place enumerated in section 3243 of the…
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Error from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. The indictment in this case, found at the Fall term, 1854, is as follows: “ The grand jury of said county charge, that before the finding of this indictment, Alsey E. Rodgers did bet at a game of pool at a house where spirituous liquors were retailed; and the grand jury of said county further charge, that Alsey E. Rodgers did bet at a game of pool at a public place enumerated in section 3243 of the Code, against the peace and dignity of the State of Alabama.” The defendant demurred to the indictment; but his demurrer was…
1Opinion of the CourtGoldthw Aite, J.
— In the present case, it is only necessary to consider whether by the laws in force previpus to the act of 17 February, 1854, (Acts 1858-54, p. 80,) a license to keep a billiard table conferred upon the party obtaining it the right to use the table for the game of pool; for, if he did not acquire such a right, it is obvious that the statute referred to, which makes the betting at - pool at certain places an indictable offence, did not impair the obligations growing out of his license to keep a billiard table. With reference to a correct decision of this question, it is necessary to determine…
2Cited by6 opinions
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- Lowenthal v. StateSupreme Court of Alabama · 1858
- Campbell v. StateAlabama Court of Appeals · 1912
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