Ford v. State
Supreme Court of Alabama
Appeal from tlxe Criminal Court of Pike. Tried before the Hon. E. B. Wilkerson. The prosecution in this case Avas commenced by an affidavit made before the justice of the peace, which charged that “within twelve months before the making this affidavit, Ben Ford, alias Ben Tiner, bet at a game played with cards, or some device or substitute for cards, in a highway, or some other public place, against the peace and dignity of the State of Alabama.”
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Appeal from tlxe Criminal Court of Pike. Tried before the Hon. E. B. Wilkerson. The prosecution in this case Avas commenced by an affidavit made before the justice of the peace, which charged that “within twelve months before the making this affidavit, Ben Ford, alias Ben Tiner, bet at a game played with cards, or some device or substitute for cards, in a highway, or some other public place, against the peace and dignity of the State of Alabama.” To this affidaAdt the defendant demurred upon the ground that it charges an offense in the 'alternative, in charging that defendant “played Avith…
1Opinion of the CourtTyson, J.
The affidavit was not subject to the demurrer interposed to it. — Code, § 4794; Crim. Code, Form 24, p. 327.
Under the authority of Mills v. The State, 20 Ala. 86, the place at which tlie defendant was arrested, was a public place within the statute against gaming.
The record purports to set out all the evidence, and there was no proof that the defendant bet any money, bank-notes, or other thing of value at the game. The State failed to malee out the charge against him, and he was entitled to his acquittal. A conviction of the offense of betting at a game of cards cannot be supported upon mere…
2Cases cited3 opinions
- Mills v. StateSupreme Court of Alabama · 1852
- Clayborne v. StateSupreme Court of Alabama · 1893
- Chambers v. StateSupreme Court of Alabama · 1884
3Cited by3 opinions
- Ingram v. StateAlabama Court of Appeals · 1969
- Lee v. StateSupreme Court of Alabama · 1902
- Ingram v. StateAlabama Court of Appeals · 1969