Ford v. State

Decided November 15, 1898

Supreme Court of Alabama · decided 1898-11-15

Tried before the Hon. E. B. Wilkerson. The prosecution in this case Avas commenced by an affidavit made before the justice of the peace, which charged that “within twelve months before the making this affidavit, Ben Ford, alias Ben Tiner, bet at a game played with cards, or some device or substitute for cards, in a highway, or some other public place, against the peace and dignity of the State of Alabama.” To this affidaAdt the defendant demurred upon the ground that it…

Cited by 2 later decisions — most recently June 1969

2 state decisions

Relies on Mills v. State · Clayborne v. State · Chambers v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1898-11-15

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TYSON, J.

¶1The affidavit was not subject to the demurrer interposed to it. — Code, § 4794; Crim. Code, Form 24, p. 327.

¶2Under 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.

¶3The 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.

¶4Judgment reversed and cause remanded.