Downey v. State
Supreme Court of Alabama
Appeal from the City Court of Bridgeport. Tried before the Hon. William L. Stephens. The appellant was indicted, tried and convicted of playing cards in an “out-house, where people resort.” The out-house was shown to be an old store-house. The tendencies of the evidence for the purpose of an understanding of the questions presented on the present appeal are sufficiently stated in the opinion.
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Appeal from the City Court of Bridgeport. Tried before the Hon. William L. Stephens. The appellant was indicted, tried and convicted of playing cards in an “out-house, where people resort.” The out-house was shown to be an old store-house. The tendencies of the evidence for the purpose of an understanding of the questions presented on the present appeal are sufficiently stated in the opinion. The court, in its general charge, instructed them as follows: "An out-house, gentlemen, where people resort, is one where parties may go for the purpose of playing cards, whether they go there once or a…
1Opinion of the CourtHead, J.
By statute, card playing at an “out-house where people resort” is a misdemeanor. Thedefendent was tried for this offense.
In Downey v. State, 90 Ala. 644, we defined, as nearly as practicable, ‘ 'an out-house where people resort, ’ ’ as used in this statute, and now refer to what is there said.
The trial court instructed the jury that “it is one where parties may go for the purpose of playing cards, *103whether they go there once or a dozen times.” There was evidence tending to show that only on one occasion did parties go there for the purpose of playing cards (or for any other purpose), and that…
2Cases cited1 opinion
- Downey v. StateSupreme Court of Alabama · 1891
3Cited by3 opinions
- Downey v. StateSupreme Court of Alabama · 1896
- Kirby v. StateSupreme Court of Alabama · 1907
- Keef v. StateAlabama Court of Appeals · 1915