McInnis v. State
Supreme Court of Alabama
From the Circuit Court of Sumter. Tried before the Hon. Luther R. Smith. The indictment in this case charged, that the defendant “ played at a game with cards or - dice, or some device or substitute for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house or place where spirituous liquors were at the time sold, retailed, or given away ; or in a public house, highway, or some other public place ; or at an outhouse where people resort.”
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From the Circuit Court of Sumter. Tried before the Hon. Luther R. Smith. The indictment in this case charged, that the defendant “ played at a game with cards or - dice, or some device or substitute for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house or place where spirituous liquors were at the time sold, retailed, or given away ; or in a public house, highway, or some other public place ; or at an outhouse where people resort.” On the- trial, as the bill of exceptions states, one E. J. Browne, a witness for the prosecution, testified that, within…
1Opinion of the CourtB. F. Saffold, J.
Raffles have been licensed in this State; and in Hawkins v. State (33 Ala. 433) it was held, that gaming under R. C. § 3620 (3243) did not include buying a chance in a licensed raffle. In Darling Jones v. State (26 Ala. 155), throwing dice for money, in the same way as in raffling, was considered to authorize such a charge as was given in the present case; but stress was laid on the throwing for money instead of property, raffling being then a licensed game. Our present law takes no account of the name of the game, and raffling, in terms, is neither allowed nor prohibited. R. C. § 4134. The…
2Cases cited3 opinions
- Jones v. StateSupreme Court of Alabama · 1855
- Hawkins v. StateSupreme Court of Alabama · 1859
- Holland v. StateSupreme Court of Alabama · 1836
3Cited by1 opinion
- Johnson v. StateSupreme Court of Alabama · 1887