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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.
Document Info
Citation Numbers: 136 Ala. 31
Judges: McOlellan
Filed Date: 11/15/1902
Precedential Status: Precedential
Modified Date: 7/19/2022