37 ALA 469 - Bass v. State

How this case has been cited

Cited by 11 later decisions — most recently September 1938

11 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.

R. W. WALKER, J.

¶1The test, by which to detei'ihih'e whether a witness, who has 'been introduced by the' State, is an accomplice within the meaning of section 3600 of the Code, is the inquiry, could the witness himself have beeh-indicted for the offense, either as principal or accessory ? See Davidson v. State, 33 Ala. 350 ; Bouvier’s Dict., “Accomplice.” Under ''-the act of February 17, 1854, (Acts 53-4, p. 30,) as amended by the act of February 8, 1858, (Acts ’57-8,'p. 267,) itls the betting at ten-pins, and not merely playing the game, that constitutes the offense. As •the witness did not bet, and was not Concerned in the bets t-made by others who 'took part-in the game, he could not have been indicted; and, 'therefore, was"not an accomplice.

¶2[2.] The objection,'that the record fails to'show that i-tbe grand jury was regularly sllected and summoned,-cannot be made for tbe firsttime in this court. — Code, § 3591; Shaw v. State, 18 Ala. 549; Nugent v. State, 19 Ala. 540 ; Floyd v. State, 30 Ala. 511; Russell v. State, 33 Ala. 366.

¶3[3.] It is not necessary to constitute the offense of bet<ting at ten-pins, that the playing should take place at one of the places enumerated in section 3243 of the Code. -Hence, the objection to the indictment was-not well taken.

¶4► Ju dgment- affirmed.