Bradshaw v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of McLennan. Tried below before Hon. W. H. Jenkins, County Judge. Appellant was prosecuted by information for shooting craps, and at his trial was convicted, the punishment being assessed at a fine of $25. The complaint upon which the information was based was made by one Jim McCain, and said complaint and information contained but one count, alleging the date of the transaction to be on the 22nd day of January, 1893, and McCain testified, that…
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Appeal from the County Court of McLennan. Tried below before Hon. W. H. Jenkins, County Judge. Appellant was prosecuted by information for shooting craps, and at his trial was convicted, the punishment being assessed at a fine of $25. The complaint upon which the information was based was made by one Jim McCain, and said complaint and information contained but one count, alleging the date of the transaction to be on the 22nd day of January, 1893, and McCain testified, that the crap shooting seen and participated in by him was on that day, in the woods on the Brazos River, on Mr. John K.…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of playing a game of “ craps.”
1. The affidavit forming the basis of this prosecution contains but one count, and was made by McCain, who testified to facts constituting the offense charged. The witness Skelton testified to a similar offense, occurring at a different time and place. His evidence was objected to, because not coincident with the case made by McCain’s evidence.
Whether an election can be required in misdemeanors where the information contains but one count, and the evidence adduced shows more than one similar offense, has been the subject of…
2Cited by12 opinions
- James v. StateCourt of Criminal Appeals of Texas · 1911
- Blackwell v. StateCourt of Criminal Appeals of Texas · 1907
- Gelber v. StateCourt of Criminal Appeals of Texas · 1909
- Gould v. StateCourt of Criminal Appeals of Texas · 1912
- Tucker v. StateCourt of Criminal Appeals of Texas · 1912
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