Nuckols v. State
| Decision Date | 06 February 1896 |
| Parties | NUCKOLS v. STATE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Madison county; H. C. Speake, Judge.
Robert Nuckols was convicted of gaming, and appeals. Reversed.
The appellant in this case was indicted and tried for a violation of section 4057 of the Code, prohibiting gaming at certain places, and on the trial a verdict was rendered as follows "We, the jury, find the defendant guilty." Upon this verdict judgment was rendered by the court, sentencing the appellant to pay a fine of $50 and costs of the prosecution. The facts pertaining to the rulings of the trial court which are reviewed on the present appeal are sufficiently stated in the opinion.
Shelby & Pleasants and Grayson & Foster, for appellant.
W. C Fitts, Atty. Gen., for the State.
The issue in this case was whether the defendant, within a year before indictment, played at a game with cards or dice, or some device or substitute for cards or dice, at a place within the statute, and bet or hazarded money or bank notes or other thing of value, at said game. If the house of the witness Dock Salling was such a place, it was wholly irrelevant to this issue whether the defendant and others played there at his (Salling's) invitation, or against his objection and protest. This witness having testified without objection on the part of defendant that the latter and others named played cards, etc., without his consent and against his objection, several times during the late winter and early spring of 1895, the court, against defendant's objection, allowed the state to further show (for the purpose, we suppose, of lending probability to his irrelevant testimony as to the playing being against his objection) that he (the witness) was at that time "an object of charity and lived on what his little girl could obtain by begging of the white folks, and that he was then flat of his back on the floor, that he had had his leg frozen, and that his pants were stuck to his legs." This evidence was not, in our opinion, pertinent to the inquiry whether the house was a public one under the statute, and was improperly admitted.
The two witnesses for the state testified as to the playing and betting at cards, etc., charged in the indictment; that "they saw the defendant play at a game of cards at their house, in Huntsville, Alabama, and that Henry Smith, Ed Smith, the defendant, etc., were present; that the defendant bet money on said game; and that the defendant and said other parties played at witnesses' said house at various times between the 25th of February and the last of March, 1895, and bet on said games." Upon this the...
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