Brown v. State
Supreme Court of Alabama
Eeom the Circuit Court of Barbour. Tried before tbe Hon. Nat. Cooe. The appellant and three other persons were indicted at the January term, 1854, of the Barbour Circuit Court, for gaming; the indictment being in the general form allowed by the Code. — See Form No. 69, p. 707. On the trial of the case, “the State proved, that the defendants played a game of cards; that the place where said playing took place was in a room over a country store ; that said room-was entered on…
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Eeom the Circuit Court of Barbour. Tried before tbe Hon. Nat. Cooe. The appellant and three other persons were indicted at the January term, 1854, of the Barbour Circuit Court, for gaming; the indictment being in the general form allowed by the Code. — See Form No. 69, p. 707. On the trial of the case, “the State proved, that the defendants played a game of cards; that the place where said playing took place was in a room over a country store ; that said room-was entered on the outside by steps, and was disconnected from the store; that the furniture of said room consisted of some chairs and…
1Opinion of the CourtRice, J.
The charge is erroneeus, because it authorized the jury to find the defendant guilty, without any proof that the offence had been committed in the county in which the indictment was preferred. — Code, § 3514; Rowland v. Ladiga, 21 Ala. R. 9.
Eor-this error,- we are bound to reverse the judgment, *50whether there is error in any other particular or not. As the case must be remanded for another trial, we deem it proper, in view of the facts shown in the bill of exceptions, to state, explicitly, that we do not intend to depart from or'impair the decisions of this court made in Johnson v. The State,…
2Cited by12 opinions
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- Foster v. StateSupreme Court of Alabama · 1887
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