Supreme Court of Alabama, 1902

Lee v. State

Lee v. State
Supreme Court of Alabama · Decided November 15, 1902 · McOlellan
136 Ala. 31
Lee v. State

Cases that cite this one

8 later published cases cite this decision.

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Opinion of the Court

McOLELLAN, O. J.

Within the meaning of section 4792 of the Code, a place in the yard or curtilage of a private house, forty feet away and open to observation from a public highway — so near and so open that persons traveling the highway can see card or dice playing thereat — is abstractly and per se a public place, and to be so declared by the court as matter of law. The circuit court did not err in giving the charge excepted to by the defendant. — Ford v. State, 123 Ala. 81; Franklin v. State, 91 Ala. 23; Henderson v. State, 59 Ala. 89.

Affirmed.

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