Mills v. State
Supreme Court of Alabama
Ehroe, to tbe Circuit Court of Marion. Tried before tbe Hon. Turner Beavis. 1. Tbe dwelling bouse of Whitehead would not have been a public place under tbe statute. Tbe place where tbe playing took place was on bis premises, and as mucb under bis control as bis own bouse, and tbe playing was witb bis permission. A private lane leading to a man’s bouse is not a public place, especially at nigbt.
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Ehroe, to tbe Circuit Court of Marion. Tried before tbe Hon. Turner Beavis. 1. Tbe dwelling bouse of Whitehead would not have been a public place under tbe statute. Tbe place where tbe playing took place was on bis premises, and as mucb under bis control as bis own bouse, and tbe playing was witb bis permission. A private lane leading to a man’s bouse is not a public place, especially at nigbt. Tbe case of Tbe State v. Campbell, 2. A private bouse can only become obnoxious to our statute, by being resorted to for tbe purpose of gaming. 1. Where tbe facts are clear and undisputed, tbe court…
1Opinion of the CourtChilton, J.
This was an indictment against the defendant, Mills, for gaming, playing cards at “a public place.”
Tbe court charged tbe jury that, if they believed tbe evidence, they must find tbe defendant guilty. This renders it necessary that we should set out tbe evidence, which is shown by a bill of exceptions as follows:
*88Several neighbors were invited to assist one Whitehead in shucking his corn. After they had finished, the defendant and one Anthony made up a fire outside of the yard, but within a few steps of the fence, in a lane leading to the house, and there engaged in playing cards. It appears…
2Cases cited1 opinion
- Clarke v. StateSupreme Court of Alabama · 1847
3Cited by11 opinions
- Rosenbaum v. StateSupreme Court of Alabama · 1859
- Glass v. StateSupreme Court of Alabama · 1857
- Windham v. StateSupreme Court of Alabama · 1855
- Gamble v. StateSupreme Court of Georgia · 1901
- McDade v. StateSupreme Court of Alabama · 1891
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