Supreme Court of Alabama, 1938

Mastoras v. State

Mastoras v. State
Supreme Court of Alabama · Decided March 24, 1938 · Anderson, Brown, Foster, Knight
180 So. 115; 235 Ala. 519; 1938 Ala. LEXIS 272 (Southern Reporter)

Mastoras v. State

Opinion of the Court

PER CURIAM.

The writ of certiorari is denied, but we do not wish to be understood as approving the statement in the opinion of the Court of Appeals, used arguendo, that a “faro table” or “roulette table” is not a “contrivance, appliance, or invention” within the condemnation of the Act of July 25, 1931, Acts 1931, p. 806.

If the count of the indictment had averred: “The Grand Jury of said County charges that before the finding of this indict *520 ment George Mastoras, whose name is unknown to the Grand Jury otherwise than as stated, did possess, keep, own, set up, operate, or conduct, or did permit to be set up, operated, or conducted, a gambling contrivance, appliance or invention, to wit, a faro table, contrary to law,” it would have been free of demurrable defects.

Writ of certiorari denied.

ANDERSON, C. J., and BROWN, FOSTER, and KNIGHT, Jj., concur.

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