Chambers v. State
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. George W. Smith. Indictment for playing at a game with cards at a certain house for retailing spirituous liquors, on the 1st day of November, 1859. It was proved by defendant’s admissions that he played at the game with cards at the time and place charged in the indictment.' There was no proof that anything Was bet on the game.
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Appeal from Colorado. Tried below before the Hon. George W. Smith. Indictment for playing at a game with cards at a certain house for retailing spirituous liquors, on the 1st day of November, 1859. It was proved by defendant’s admissions that he played at the game with cards at the time and place charged in the indictment.' There was no proof that anything Was bet on the game. The defendant asked the Cotirt to instruct the jury that if the game of cards was played for amusement or recreation, there was ho otfénce committed, and they should acquit; which the court refused, and charged them…
1Opinion of the CourtRoberts, J.
We think there is no error in this case. Because—1st. It is within the power of the legislature to repeal a definite portion of a section or article in an act, without the reenactment of the section or article, omitting the part repealed. (Commercial Bank of Natchez v. Markham, 3 La. Annual Rep., 698.)
2d. The repealing clause of 1858 uses the words “ provisions to Art. 411” of the Penal Code, by mistake, for the words “proviso to” said article. That there is a mistake in the language used is most obvious. There is but one provision in the article, except that contained in the.proviso, and…
2Cited by18 opinions
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- City of Deer Park v. State Ex Rel. Shell Oil Co.Court of Appeals of Texas · 1953
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