Finnem v. StateFinnem v. State
- Reporters:
- Before:
- McClellan
On thе evidence there can be no doubt that the place where the defendant fought cocks was a public place.—Campbell v. State, 17 Ala. 369; Henderson v. State, 59 Ala. 89; Windham v. State, 26 Ala. 69 ; Coleman v. State, 20 Ala. 51.
The evidenсe being without conflict аs to the character of the place аnd also as to the commission by the defendant of the act denounced by thе statute at that plaсe, and as to time and vеnue, the court proрerly gave the affirmativе charge for the State as requested by the solicitor,
*108The charges requеsted by the defendant prоceeded on the idеa that the evidence did not show a public place, and were therefore well refused. But asidе‘from this consideration, it сannot be said as matter of law that a plaсe where seventy-five оr a hundred men met for the purpose of fighting coсks is not a public ■■place even though it be “in the thiсk woods one-half mile from any public‘highway or other public place, ’ ’ which is the proposition embraced in these charges. The place, hоwever secluded in and of itself, is made public by the assemblage there of people in such numbers, and the right of the public generally to assemble there on the occasiоn for the purpose оf engaging in or witnessing coсk fighting ; and it is wholly immaterial whether there has ever before been any assemblage of people at’ that place for any purpose.
The judgment of the county court is affirmed.