Ward v. State
Supreme Court of Alabama
ERROR to the Circuit Court of Pickens. Tried before the Hon. B. W. Huntington. The indictment in this case was against the plaintiff in error and eight other persons, and contained four counts.
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ERROR to the Circuit Court of Pickens. Tried before the Hon. B. W. Huntington. The indictment in this case was against the plaintiff in error and eight other persons, and contained four counts. The first count charged, that the defendants “bet at a game played with cards, called “faro bank”; the second, that they “bet and were concerned in betting at a game with cards, called “faro bank"; the third, that they “bet at faro bank, then and there kept and exhibited for gaming”; and the fourth, that they “ bet at a certain game of cards called faro.” A demurrer was filed to the whole indictment,…
1Opinion of the CourtGoldthwaite, J.
The first question presented upon the record is, as to the sufficiency of the indictment, which, it is insisted, is defective, for the reason that it appears upon each count that different persons were jointly indicted for separate violations of the same statute. The offence pro*18hibited by the statute is, the betting or being concerned in betting at either of the tables or games referred to in a preceding section, (Clay’s Digest 433 §§ 12, 14;) and although the legislature seem, by the phraseology which they have adopted, to create a distinction between betting and being concerned in betting,…
2Cases cited2 opinions
- Mooney v. StateSupreme Court of Alabama · 1845
- Worrell v. StateSupreme Court of Alabama · 1848
3Cited by9 opinions
- Holley v. StateSupreme Court of Alabama · 1883
- Cross v. StateSupreme Court of Alabama · 1885
- Sampson v. StateSupreme Court of Alabama · 1894
- Burdine v. Grand Lodge of AlabamaSupreme Court of Alabama · 1861
- Brown v. StateSupreme Court of Alabama · 1885
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