Winston v. State
Supreme Court of Alabama
■ Appeal from Walker Law and Equity court. Heard before Hon. Peyton Nouvell. .The indictment charged gaming in a. public place. The facts are sufficiently set out in the opinion of the court..
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■ Appeal from Walker Law and Equity court. Heard before Hon. Peyton Nouvell. .The indictment charged gaming in a. public place. The facts are sufficiently set out in the opinion of the court.. When one is prosecuted for betting a,t a.game under.sections 4792, unless the place is one: of the places that .are public per sc. the burden is -on the state to show the plací; to- be a public one- before the state is entitled to a conviction. — - 132.Ala. 17; lb..20'; 130 Alg. 109; 130 Ala. 31; 11.1 Ala. 58; 55 Ala. 100; 87 Ala. 1.05; Tb. 27; 90 Ala, 98; 105 Ala. 130; 100 Ala. 127. The evidence, in…
1Opinion of the CourtAnderson, J.
This defendant was tried and convicted under an affidavit charging him with gaming at a public place, under section 4792 of the Code of 1896.
The evidence showed that the building was at one time a boarding house, but that it had ceased to be used as such previous to the playing, and that at the time of the playing it was used as a private residence or lodging-house. The place was not one of the places named in the statute, either when the game was played or previous thereto. A hoarding house is not an inn, and is not per se, a public place. — Foster v. State, 84 Ala. 51. 4 South. 833. It was…
2Cases cited4 opinions
- Russell v. RussellSupreme Court of Alabama · 1887
- Lee v. StateSupreme Court of Alabama · 1902
- Sullivan v. StateSupreme Court of Alabama · 1881
- Dennis v. StateSupreme Court of Alabama · 1903
3Cited by1 opinion
- Rogers v. StateAlabama Court of Appeals · 1915