Lee v. State

Decided November 15, 1902

Supreme Court of Alabama · decided 1902-11-15

Tried before the lion. Osceola Kyle. The appellant in this ease was indicted, tried and convicted for playing at a game with cards or dice at a public place.

Relies on Henderson v. State · Franklin v. State · Ford v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1902-11-15

How this case has been cited

Cited by 7 later decisions — most recently February 2013

6 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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McOLELLAN, O. J.

¶1Within 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.

¶2Affirmed.