Nuckols v. State

CourtSupreme Court of Alabama
Writing for the CourtMcCLELLAN, J.
Citation19 So. 504,109 Ala. 2
Decision Date06 February 1896
PartiesNUCKOLS v. STATE.

19 So. 504

109 Ala. 2

NUCKOLS
v.
STATE.

Supreme Court of Alabama

February 6, 1896


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.

McCLELLAN, J.

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...

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15 practice notes
  • Batson v. State, 6 Div. 798
    • United States
    • Supreme Court of Alabama
    • 26 Mayo 1927
    ...Little v. State, 58 Ala. 265; Mobile Saving Bank v. Fry, 69 Ala. 348; A.G.S.R. Co. v. Dobbs, 101 Ala. 219, 12 So. 770; Nuckols v. State, 109 Ala. 2, 19 So. 504), and they are not incorporated in the bill of exceptions, or made a ground of the motion for a new trial. It has long been declare......
  • Sharp v. State, 693
    • United States
    • Supreme Court of Alabama
    • 11 Febrero 1915
    ...not properly made; and no error intervened by this ruling of the court. Stone v. State, 105 Ala. 60, 72, 17 So. 114; Nuckols v. State, 109 Ala. 2, 19 So. 504; Cantrell v. Lindsey, 165 Ala. 233, 51 So. 558. The state's witness, Will Rayfield, on cross-examination testified that he had known ......
  • North Birmingham Lumber Co. v. Sims & White
    • United States
    • Alabama Supreme Court
    • 17 Diciembre 1908
    ...and charges not set out in the bill of exceptions--although they may appear elsewhere in the record--will not be reviewed. Nuckol's Case, 109 Ala. 2, 19 So. 504; Southern Railway Co. v. Jones, 132 Ala. 437, 442, 31 So. 501; Alabama, etc., Co. v. Wagnon, 137 Ala. 388, 34 So. 352; Lunsford v.......
  • New Connellsville Coal & Coke Co. v. Kilgore
    • United States
    • Alabama Court of Appeals
    • 9 Mayo 1912
    ...assignments of error necessarily fall to the ground because none of the charges are set out in the bill of exceptions. Nuckols v. State, 109 Ala. 2, 19 So. 504. 13. There was an exception taken to a portion of the court's oral charge to the jury. The record fails to show that this exception......
  • Request a trial to view additional results
15 cases
  • Batson v. State, 6 Div. 798
    • United States
    • Supreme Court of Alabama
    • 26 Mayo 1927
    ...Little v. State, 58 Ala. 265; Mobile Saving Bank v. Fry, 69 Ala. 348; A.G.S.R. Co. v. Dobbs, 101 Ala. 219, 12 So. 770; Nuckols v. State, 109 Ala. 2, 19 So. 504), and they are not incorporated in the bill of exceptions, or made a ground of the motion for a new trial. It has long been declare......
  • Sharp v. State, 693
    • United States
    • Supreme Court of Alabama
    • 11 Febrero 1915
    ...not properly made; and no error intervened by this ruling of the court. Stone v. State, 105 Ala. 60, 72, 17 So. 114; Nuckols v. State, 109 Ala. 2, 19 So. 504; Cantrell v. Lindsey, 165 Ala. 233, 51 So. 558. The state's witness, Will Rayfield, on cross-examination testified that he had known ......
  • North Birmingham Lumber Co. v. Sims & White
    • United States
    • Alabama Supreme Court
    • 17 Diciembre 1908
    ...and charges not set out in the bill of exceptions--although they may appear elsewhere in the record--will not be reviewed. Nuckol's Case, 109 Ala. 2, 19 So. 504; Southern Railway Co. v. Jones, 132 Ala. 437, 442, 31 So. 501; Alabama, etc., Co. v. Wagnon, 137 Ala. 388, 34 So. 352; Lunsford v.......
  • New Connellsville Coal & Coke Co. v. Kilgore
    • United States
    • Alabama Court of Appeals
    • 9 Mayo 1912
    ...assignments of error necessarily fall to the ground because none of the charges are set out in the bill of exceptions. Nuckols v. State, 109 Ala. 2, 19 So. 504. 13. There was an exception taken to a portion of the court's oral charge to the jury. The record fails to show that this exception......
  • Request a trial to view additional results

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