Black v. State

Decided November 15, 1898

Supreme Court of Alabama · decided 1898-11-15

Tried before the Hon. J. W. Postee. The appellant, 'Joe Black, was indicted, tried and convicted for betting at a game played with cards or dice, or some device for cards or dice, in a public bouse, highway or some other public place, or at an outhouse where people resort.

Relies on Henry v. State · Foster v. State · Cross v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1898-11-15

How this case has been cited

Cited by 5 later decisions — most recently December 1952

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McCLELLAN, C. J.

¶1The plea of former conviction was fatally defective in not setting out the affidavit on which the alleged former trial was had.—Henry v. State, 33 Ala. 389; Foster v. State, 39 Ala. 229; Baysinger v. State, 77 Ala. 60; Cross v. State, 117 Ala. 73; Hollis v. State, ante, p. 74.

¶2If the State should have been put to its demurrer to this plea, the error in adjudging it bad oh the motion to strike could not have prejudiced the defendant since the motion specifically pointed out its defects, and thus afforded defendant every advantage he would have had upon demurrer. — Code, §4333.

¶3Affirmed!