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61 Ala. 1

Toney v. State

Supreme Court of Alabama

Decided December 15, 1878

Supreme Court of Alabama · decided 1878-12-15

Tried before Hon. John A. Minnis. The appellant, Toney, was convicted under an indictment which charged that he kept or exhibited a gaming table for gaming, or was interested or concerned in the keeping or exhibiting thereof.

Good law ✅— No negative treatment on recordhow we know

Decided 1878-12-15

How this case has been cited

Cited by 11 later decisions — most recently June 1947

11 state decisions

4018781880189019001910192019301940decided

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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BRICKELL, C. J.

¶1The offence denounced by the statute under which the indictment Avas found, is the keeping or exhibiting, or being interested or concerned in keeping or exhibiting any table for gaming, of Avhatsoever name, kind, or description, not regularly licensed under the laAVS of this State. — Code of 1876, § 4208. It is not a gaming table, if there be such, as distinguished from other tables, that alone falls AAdthin the prohibition of the statute. Nor is the char*4acter of the table, whether it contains devices, or any appliances, adapted and essential to particular gaming, an element of the offence. It is the use to which the table is appropriated, and the absence of a license under the laws of the State for that use, which renders the keeping or exhibition, or concern or interest in its keeping or exhibition, indictable. It may be that the particular table, or substitute for a table, kept and exhibited by the appellant was not a part of, or essential to the playing of chuokeluek; but if the defendant kept and exhibited it for use in the playing of that game, he was guilty as charged.

¶2The statute is very general in its terms, and so of necessity, to meet and suppress the evil against which it is directed. Former statutes had descended to particulars, as tables for faro, roulette, &c., not meeting all the technicalities of the professional gamester; or slight changes in the names, or in the mode of playing games, were resorted to, and some times successfully, for the purpose of evading them. Under the present statute, the only inquiry for the court and jury, is, into the use for which the table is kept or exhibited. If that be gaming, the statute is violated, unless a license is shown.

¶3There was no error in the rulings of the City Court, and its judgment is affirmed.

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