Ben v. State

The charging part of the indictment on which the defendant was tried and convicted is as follows: “ That heretofore, on or about, to wit, the first day of March, a. d. 1880, in the county of Hood, and State of Texas, one Ben, whose name, other than Ben, is to the grand jurors unknown, and who is known and described as Negro Ben, and who is a colored man, did unlawfully, at and upon a certain gaming-table and gaming device known and described as a ten-ball alley, then and there kept and exhibited by E. R. O’Brien, bet and wager certain money; contrary,” etc. It was urged in behalf of the…