Lee v. State

Supreme Court of Alabama

Lee v. State

136 Ala. 31

CourtSupreme Court of Alabama

DecidedNovember 15, 1902

StatusPublished

Cited by9 cases

This text of 136 Ala. 31 (Lee 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

Lee v. State, 136 Ala. 31 (Ala. 1902).

Pincite

Opinion

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.

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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.

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Bluebook (online)

136 Ala. 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-state-ala-1902.

Opinion

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