Brandes v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. Louis Brandes was convicted of keeping a gaming table, and he appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. Louis Brandes was convicted of keeping a gaming table, and he appeals. The evidence for the state tended to show that defendant’s place of business was upstairs over the Lontos Cafe in the city of Birmingham, and that the door at the head of the stairs was kept closed, and had a lookout or closed opening cut in it; that when the witnesses entered a crap game was going on, on what appeared to be a pool table, on which was marked a cloth known to gamblers as a field cloth, on which a crap game was being played for money,…
1Opinion of the CourtWalker, P. J.
The court did not err in overruling the motion made by the defendant to exclude the evidence introduced by the state. That evidence tended to prove acts and admissions of the defendant Avhich furnished support for the inference that, Avithin the period covered by the indictment, he had committed the offense therein charged. The contention that the evidence had no such tendency is strikingly Avitkout merit.
No error Avas committed by the court in its statement to the jury that “the fact that a defendant does not testify cannot be used or considered adversely to him or in his favor.” This…
2Cited by4 opinions
- Turner v. StateSupreme Court of Alabama · 1939
- Pierson v. StateAlabama Court of Appeals · 1957
- Keife v. StateAlabama Court of Appeals · 1916
- Pairrett v. StateAlabama Court of Appeals · 1934