Lee v. State
Supreme Court of Alabama
Appeal from the 'Circuit Court of Jumes tone. Tried before the lion. Osceola Kyle. The appellant in this ease was indicted, tried and convicted for playing at a game with cards or dice at a public place.
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Appeal from the 'Circuit Court of Jumes tone. Tried before the lion. Osceola Kyle. The appellant in this ease was indicted, tried and convicted for playing at a game with cards or dice at a public place. The witness for the State testified that on a certain day within 12 months before the finding of the indictment he was going along a' public road in Ifimestone county and that as he passed the residence of Jordan Matthews he saw the defendant, and Jordan Matthews on the ground, and Alfred King sitting, on the steps of the house, and that all three of them were playing dice; that they had two…
1Opinion of the Court
McOLELLAN, O. J.
Within the meaning of section 4792 of the Code, a place in the yard or curtilage of a private house, forty feet away and open to observation from a public highway — so near and so open that persons traveling the highway can see card or dice playing thereat — is abstractly and per se a public place, and to be so declared by the court as matter of law. The circuit court did not err in giving the charge excepted to by the defendant. — Ford v. State, 123 Ala. 81; Franklin v. State, 91 Ala. 23; Henderson v. State, 59 Ala. 89.
Affirmed.
2Cases cited3 opinions
- Henderson v. StateSupreme Court of Alabama · 1877
- Franklin v. StateSupreme Court of Alabama · 1890
- Ford v. StateSupreme Court of Alabama · 1898
3Cited by9 opinions
- Ingram v. StateAlabama Court of Appeals · 1969
- Schultz v. StateCourt of Criminal Appeals of Alabama · 1983
- Warren v. City of AuburnSupreme Court of Alabama · 1976
- Mitchell v. StateCourt of Criminal Appeals of Alabama · 1980
- Tatum v. StateSupreme Court of Alabama · 1908
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