Bass v. State
Supreme Court of Alabama
Flom the Circuit Court of Covington. Tried before tbe Hon. Jno. K. Henry. ■The indictment in this case charged, that tbe defendant, within twelve months before the finding of the indictment, and after the 8th February, 1858, “bet at ten-pins, or some such game, which betting was not for the game.”
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Flom the Circuit Court of Covington. Tried before tbe Hon. Jno. K. Henry. ■The indictment in this case charged, that tbe defendant, within twelve months before the finding of the indictment, and after the 8th February, 1858, “bet at ten-pins, or some such game, which betting was not for the game.” The defendant demurred to the indictment, for duplicity, for uncertainty, because it did not sufficiently describe the offense, and because it did mot allege that the game was played at.one of .fire places.specified in section 3243 of the Code; but his demurrer was overruled. “ On'the trial,” as the…
1Opinion of the CourtR. W. Walker, J.
The test, by which to detei'ihih'e whether a witness, who has 'been introduced by the' State, is an accomplice within the meaning of section 3600 of the Code, is the inquiry, could the witness himself have beeh-indicted for the offense, either as principal or accessory ? See Davidson v. State, 33 Ala. 350 ; Bouvier’s Dict., “Accomplice.” Under ''-the act of February 17, 1854, (Acts 53-4, p. 30,) as amended by the act of February 8, 1858, (Acts ’57-8,'p. 267,) itls the betting at ten-pins, and not merely playing the game, that constitutes the offense. As •the witness did not bet, and was not…
2Cases cited5 opinions
- Russell v. StateSupreme Court of Alabama · 1859
- Nugent v. StateSupreme Court of Alabama · 1851
- Shaw v. StateSupreme Court of Alabama · 1851
- Davidson v. StateSupreme Court of Alabama · 1859
- Floyd v. StateSupreme Court of Alabama · 1857
3Cited by11 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Levering v. CommonwealthCourt of Appeals of Kentucky · 1909
- State v. JonesSupreme Court of Iowa · 1901
- Schleeter v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
- Darden v. StateAlabama Court of Appeals · 1915
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