Legal Opinion

Bell v. State

Supreme Court of Georgia

Decided April 10, 1893PublishedCited by 16 opinions

Accusation of keeping gaming-house. Before Judge "Willis. City court of Columbus. January term, 1893. Hattie Bell was convicted of keeping a gaming-house. 'She excepted to the refusal of' a new trial, the grounds therefor being, that the verdict is contrary to law and evidence; and that the court erred in refusing to instruct the jury, that if they believe from the evidence that defendant only allowed persons to come together in her house and play and bet for money at cards…

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Accusation of keeping gaming-house. Before Judge "Willis. City court of Columbus. January term, 1893. Hattie Bell was convicted of keeping a gaming-house. 'She excepted to the refusal of' a new trial, the grounds therefor being, that the verdict is contrary to law and evidence; and that the court erred in refusing to instruct the jury, that if they believe from the evidence that defendant only allowed persons to come together in her house and play and bet for money at cards one time, “this would not be to keep, have, use and maintain a gaming-house, within the meaning of the statutes of this…

1Opinion of the Court

Bleckley, Chief Justice.

1. "While a single act or instance of gaming in a house or room will not constitute the place a gaming-house or room, yet such an act together with all the attendant circumstances and surrounding indications maybe sufficient evidence to show that the house or room is really one of that character. In this case the indictment was as broad as section 4538 of the code. It charged not only that the accused kept a gaming-house and room, but that she knowingly permitted persons to come together and play and bet for money at the enumerated games and other games played with…

2Cited by16 opinions

  1. Bigby v. WarnockSupreme Court of Georgia · 1902
  2. Caldwell v. StateIndiana Supreme Court · 1922
  3. Hudson v. JenningsSupreme Court of Georgia · 1910
  4. Landers v. StateCourt of Appeals of Georgia · 1966
  5. State v. . SeahornSupreme Court of North Carolina · 1914

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