Cartiledge v. State
| Decision Date | 13 February 1902 |
| Citation | 31 So. 553,132 Ala. 17 |
| Parties | CARTILEDGE v. STATE. |
| Court | Alabama Supreme Court |
Appeal from city court of Montgomery; W. H. Thomas, Judge.
Sam Cartiledge was convicted of gaming at a public place, and appeals. Affirmed.
Chas G. Brown, Atty. Gen., for the State.
It appears to be settled by the decisions of this court that the overruling of an objection to a question propounded to a witness cannot be reviewed, or at least furnishes no ground for a reversal, unless the bill of exceptions shows that the question was answered, and what the answer was. Hughes v State, 75 Ala. 31, and authorities there cited; Allen v. Draper, 98 Ala. 590, 13 So. 529. The rule is otherwise where an objection to a proper question is sustained. Nelson v. State (Ala.) 30 So. 728. All exceptions reserved by defendant in respect of testimony were to the overruling of his objections to questions which are not shown by the bill of exceptions to have been answered and, under the rule declared first above, appellant can take nothing by these exceptions, even though some of the questions may have been open to the objection made to them.
The evidence for the state tended to show that the defendant played at a game of cards in the bedroom of one Wilson, on Commerce street, in the city of Montgomery, and that an indefinite number of persons, and different persons at different times, had used this room every week or two throughout the preceding year for the purposes of gaming, and they came and went there for that purpose whenever they saw fit, and without special invitation of Wilson, the owner. On this evidence, it was open to the jury to find that the defendant played a game of cards at a public place, and the court properly refused to give the affirmative charge for defendant.
The special charges given at the request of the defendant fully cover the aspect of the case most favorable to him, and are full favorable to him in their statements of the law. The special charge refused to the defendant hypothesizes facts not in evidence,--as, for instance, the case of a party composed of the same members playing in the private bedroom of one of them "every night in the year," etc., and concludes as follows: "* * * And if, upon a consideration of all the evidence, you [the jury] come to the conclusion that the playing was done under the foregoing statement of facts and circumstances, the defendant must be...
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Phillips v. State
... ... The ... question was never answered. It is here insisted that the ... question injected matter highly prejudicial to the appellant ... and that the trial court erred in overruling the objection ... and in refusing to declare a mistrial as moved for by ... appellant's counsel. In Cartiledge v. State, 132 ... Ala. 17, 31 So. 553, the rule is stated: 'It appears to ... be settled by the decisions of this court that the overruling ... of an objection to a question propounded to a witness cannot ... be reviewed, or at least furnishes no ground for a reversal, ... unless the bill of ... ...
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Rogers v. State
... ... Ala.App. 200] that time. The only controverted question in ... the case was whether or not the place was a public place ... within the meaning of the statute, and this, under the ... evidence, was properly submitted to the jury. Cartiledge ... v. State, 132 Ala. 18, 31 So. 553; Winston v ... State, 145 Ala. 91, 41 So. 174; Ferrell v ... Opelika, 144 Ala. 135, 39 So. 249; Coleman v ... State, 20 Ala. 51; Tolbert v. State, 87 Ala ... 27, 6 So. 284 ... To ... constitute a place a "house or place where spirituous, ... ...
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King v. State
... ... forged is not set out in the bill of exceptions. An exception ... to the admission or rejection of evidence should always ... disclose the evidence admitted or rejected, in order that a ... revising court can intelligently pass judgment on it ... Burns v. State, 49 Ala. 370; Cartiledge v ... State, 132 Ala. 17, 31 So. 553. However, from the facts ... as shown by the record in connection with the introduction of ... the note in evidence, it does not appear that the grounds of ... objection were well taken, or that there was merit in any of ... them, and the rulings of the ... ...
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Thrasher v. State
... ... publicity as involves the idea that people of the vicinage ... may and are likely to go there at will--the idea of a meeting ... place for the neighborhood." ... Likewise ... what was said by this court, speaking through the same ... learned Chief Justice (McClellan), in Cartiledge's Case, ... 132 Ala. 17, 31 So. 553, is even more applicable, in that the ... place of the gaming in that case was the same as in this ... case--a private bedroom. This court said: "The evidence ... for the state tended to show that the defendant played at a ... game of cards in the bedroom of ... ...