Lynn v. State
Court of Appeals of Texas
Appeal from the County Court of Coleman. Tried below before the Hon. J. T. Evans, County Judge. The penalty assessed against the appellant was a fine of ten dollars.
1Opinion of the Court
Willson, Judge.
This conviction is not supported by the evidence. It was not proved that the defendant committed the offense at a date prior to the presentment of the indictment. (Temple v. The State, 15 Texas Ct. App., 304.) It was not sufficiently proved that at the time the defendant played cards in the out house it was a place where people resorted. A witness testified that he had seen persons play cards in said out house one time prior to the time that the defendant played there, but did not state the time. It may have been so long prior as to have no bearing whatever in fixing the…
2Cases cited2 opinions
- State v. NortonTexas Supreme Court · 1857
- Wheelock v. StateTexas Supreme Court · 1855
3Cited by1 opinion
- The Pietro CampanellaDistrict Court, D. Maryland · 1947