CLARK v. STATE

6 Div. 891.

80 So.2d 308 (1954)

James Allen CLARK v. STATE.

Court of Appeals of Alabama.

Rehearing Denied December 7, 1954.


Attorney(s) appearing for the Case

Gibson & Gibson and Lange, Simpson, Robinson & Somerville, Birmingham, for appellant.

Si Garrett, Atty. Gen., Robt. Straub, Asst. Atty. Gen., and Owen Bridges, Montgomery, of counsel, for the State.

Jas. J. Carter, Hill, Hill, Stovall & Carter, Montgomery, amici curiae.


PRICE, Judge.

Appellant was charged with conducting a lottery. Upon trial on his plea of not guilty before the court, sitting without a jury, he was convicted and assessed a fine of $25.

The following statement of facts which is fully borne out by the record, is taken from the brief of appellant's counsel:

The defendant (appellant) was Vice President and General Manager of R. B. Broyles Company, Inc., operator of a furniture and appliance store in...

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