Goetter, Weil & Co. v. Head & Lindsey ats. Swann & Billups...507 Long ats. Maas & Block. 120 Louisville & Nashville Railroad 534 Co. ats. Collins 626 Lyon & Co. ats. Flournoy & .308 Hall ats. Martin. 421 Maas & Block v. Long 237 Hatcher & Wife V. Dillard's Adm'rs .345 Marshall ats. Gayle's Adm'r...522 Head & Co. ats. Goetter, Weil 421 & Co Masson v. Kelly 85 Helms ats. Fields. Masterson v, Grubbs.. .532 460 23, 29 381 484 437 Grimball v. Cruse. Patton. Grubbs ats. Masterson Gold Life Insurance Co. v. Central A. & M. Association. Green v. Casey. ..532 Henderson v. The State. Henderson's Adm'r v. Tucker, Hentz ats. Donegan's Adm'r. Adm'r.. Holloway v. Talbot Hornsby ats. Phillips. Huckabee's Adm'r ats. Hill's Adm'r Kelly ats. Hudson. Masson. v. McGrath ats. Simms Turner. 406 Mastin v. Brown.. 235 McCalley v. Robinson's Adm'r.. 432 85 McMillan & Sons ats. Otis. Milhous ats. Dunham Miller & Co. v. Boykin 271 Monroe, Smaltz & Co. ats. Cahalan. Montgomery Mutual Building & Loan Association ats. Lewis. 276 Moore v. Randolph's Adm'r .. 575 365 Munden v. Bailey. 63 423 .393 | Munford ats. Burkett. 452 554 183 .389 414 183 .546 Hudmon v. Slaughter Hudson v. Kelly. Huntsville (City of) v. Gas-Light .190 Co...... Insurance Co. (Gold Life) ats. 249 Johnson ats. Foster. & Immigration Asso Jones & Dunn v. Latham. 429 95 New Orleans & Selma Railroad Norwood v. Kirby's Adm'r. Otis v. McMillan & Sons. 227 Patton ats. Ashford 75 Hornsby. 32 237 587 533 Kennon v. Wright, Frazier & Co 434 Kirby v. Kirby's Adm'r. Knox ats. Clark Larmore ats. Swann & Billups. .555 Lawler ats. Caldwell. 164 293 .288 Lee v. Shivers. Lewis v. Building & Loan Association 377 47 596 469 227 443 .397 46 .297 .479 .626 452 253 373 .414 Railroad Co. (L. & N.) ats. Collins... ..533 Railroad Co. (L. & N.) v. Small. .499 (N. O. & S.) ats. .227 Railroad Co. (S. & N.) ats. Gil.607 liam. .268 Railroad Co. (Western) V. 565 Randolph's Adm'r ats. Moore. .575 Reid v. Bank of Mobile. 199 Rhodes ats. Wheless.. .419 Riddle ats. Johnston & Stewart. 219 276, Riddle & Wife v. Ennis & Wife. .463 CASES IN THE SUPREME COURT OF ALABAMA. DECEMBER TERM, 1881. Wren v. The State. Indictment for Exhibiting Gaming Tables. 1. Plea of misnomer.-A plea in abatement, on account of a misnomer of the defendant, must not only set out his true name, but must negative the fact that he was known or called by the name stated in the indict ment. 2. Waiver of trial by jury; revision of judgment on facts.-When a criminal prosecution for a misdemeanor, commenced by indictment in the Circuit Court, is regularly transferred to the County Court for trial, the failure of the defendant to demand a trial by jury is a waiver of the right to it; and the trial being had before the judge without the intervention of a jury, he has power to draw inferences of fact from the evidence, as a jury would have; and this court will not reverse his judgment on the facts, unless there is a manifest want of evidence to support it. 3. Keeping or exhibiting gaming tables; constituents of offense.-The statute which prohibits the keeping or exhibition of "gaming tables" (Code, § 4208), is not confined to tables on which banking games are played, such as faro, roulette, &c., but includes also tables for games of cards, such as draw poker; a person who has the custody or possession of the table, and authority over the use of it, and supervises the gaming on it, is the keeper of it; and whoever has an interest in the gain or profit derived, or expected to be derived from its use for gaming purposes, is interested or concerned in the keeping of it, as those words are used in the statute. FROM the County Court of Wilcox. Tried before the Hon. JoHN PURIFOY. The indictment in this case, which was found by a grand jury regularly organized in the Circuit Court of said county, charged that the defendant, "J. R. Wren, whose name, other than is expressed in this indictment, is unknown to the grand jury, kept or exhibited a gaming table, or was interested or 70 1 119 241 70 1 124 92 |