Bass v. State

Supreme Court of Alabama

Bass v. State

37 Ala. 469

CourtSupreme Court of Alabama

DecidedJune 15, 1861

StatusPublished

Cited by11 cases

This text of 37 Ala. 469 (Bass v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bass v. State, 37 Ala. 469 (Ala. 1861).

Pincite

Opinion

R. 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 Concerned in the bets t-made by others who 'took part-in the game, he could not have been indicted; and, 'therefore, was"not an accomplice.

[2.] The objection,'that the record fails to'show that i-tbe grand jury was regularly sllected and summoned,-cannot be made for tbe firsttime in this court. — Code, § 3591; Shaw v. State, 18 Ala. 549; Nugent v. State, 19 Ala. 540 ; Floyd v. State, 30 Ala. 511; Russell v. State, 33 Ala. 366.

[3.] It is not necessary to constitute the offense of bet<ting at ten-pins, that the playing should take place at one of the places enumerated in section 3243 of the Code. -Hence, the objection to the indictment was-not well taken.

► Ju dgment- affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

R. 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 Concerned in the bets t-made by others who 'took part-in the game, he could not have been indicted; and, 'therefore, was"not an accomplice.

[2.] The objection,'that the record fails to'show that i-tbe grand jury was regularly sllected and summoned,-cannot be made for tbe firsttime in this court. — Code, § 3591; Shaw v. State, 18 Ala. 549; Nugent v. State, 19 Ala. 540 ; Floyd v. State, 30 Ala. 511; Russell v. State, 33 Ala. 366.

[3.] It is not necessary to constitute the offense of bet<ting at ten-pins, that the playing should take place at one of the places enumerated in section 3243 of the Code. -Hence, the objection to the indictment was-not well taken.

► Ju dgment- affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

37 Ala. 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-v-state-ala-1861.

Opinion

R. W. WALKER, J.

Related

Cite This Page — Counsel Stack