State v. Welch
Supreme Court of Alabama
Error to the Circuit court of Cherokee county. Indictment for betting at a gaming table — tried before Martin, J. The defendant, in this case, was indicted for betting upon a gaming table, called “Jim Crow,” and plead non mlpabilis. The jury returned a verdict of guilty. On the trial of the cause, it was admitted by defendant, that if any betting at a gaming table could be proved, it was at a gaming table called “ Jim Crow.”
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Error to the Circuit court of Cherokee county. Indictment for betting at a gaming table — tried before Martin, J. The defendant, in this case, was indicted for betting upon a gaming table, called “Jim Crow,” and plead non mlpabilis. The jury returned a verdict of guilty. On the trial of the cause, it was admitted by defendant, that if any betting at a gaming table could be proved, it was at a gaming table called “ Jim Crow.” On the part of the State, it was proved, that the defendant was seen betting checks on a table, called and known as an A B C table. On the part of defendant, it was…
1Opinion of the Court
ORMOND, 7.
— The court erred in refusing to give the first charge moved for. A confession, in a criminal case, unless it be an admission by plea, is evidence merely to be determined by the jmy.
It appears that there was a varhvn.ee between the confession of the defendant, and the testimony produced by the State, as to the name of the table at which the gaming took place. An admission by a defendant, in a criminal case, is strong evidence of Iris guilt; but it is not conclusive. He may show that It originated in mistake, or explain it hy circumstances.— (See the authorities collated in 3…
2Cited by2 opinions
- Rich v. StateCourt of Criminal Appeals of Texas · 1897
- Windsor v. StateCourt of Criminal Appeals of Texas · 1904