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30 Ala. 534

Cain v. State

Supreme Court of Alabama

Decided January 15, 1857

Supreme Court of Alabama · decided 1857-01-15

<p>[INDICTMENT FOK GAMING.]</p> <p>1. Outhouse where people resort defined. — The fact that the defendant, with two or three other persons, once went to an outhouse for the purpose of playing cards, and there engaged in a game, does not constitute such house “an outhouse where people resort,” within the prohibition of the statute against gaming.</p>

Cited by 1 later decisions — most recently November 1891

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-01-15

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BICE, C. J.

¶1Under the proof in this case, as set out in the bill of exceptions, the house in which the playing took place is not an “outhouse where people resort,” within the meaning of section 3243 of the Code. The evidence did not authorize a conviction of the defendant, and the charge of the court was erroneous.

¶2The judgment is reversed, and the cause remanded.

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