Stanley v. State

GRAVES, Judge.

Appellant was indicted for keeping and exhibiting, for the purpose of gaming, a gaming device, to-wit: a marble machine, and was found guilty by the jury and assessed a penalty of two years in the penitentiary.

This is the second appeal of this case, the former being reported in 138 Tex. Cr. R, 486, 137 S. W. (2d) 34.

*497It was contended by the State that appellant and one F. E. Von Mockel entered into a conspiracy with one Fermenter to place certain marble machines in different places in Houston, and that appellant would receive one-half of the proceeds therefrom and Fermenter the…