Ford v. State
This text of 123 Ala. 81 (Ford 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.
Opinion
The affidavit was not subject to the demurrer interposed to it. — Code, § 4794; Crim. Code, Form 24, p. 327.
Under the authority of Mills v. The State, 20 Ala. 86, the place at which tlie defendant was arrested, was a public place within the statute against gaming.
The record purports to set out all the evidence, and there was no proof that the defendant bet any money, bank-notes, or other thing of value at the game. The State failed to malee out the charge against him, and he was entitled to his acquittal. A conviction of the offense of betting at a game of cards cannot be supported upon mere proof of playing at a game of cards. The two offenses are distinctly different. — Chambers v. The State, 77 Ala. 80; Clayborne v. The State, 103 Ala. 53.
Judgment reversed and cause remanded.
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123 Ala. 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-state-ala-1898.