Legal Opinion

Estes v. State

Texas Supreme Court

Decided July 1, 1853PublishedCited by 15 opinions

Appeal from Rusk. The appellant was convicted upon an indictment in which the charge was that he “did bet money at a certain gaming’ table, at “rondo, which said gaming- table was then and there kept by one Andrew J. “Smith, contrary to tire form of the statute,” &c. The defendant moved the court to quash the indictment, which motion the court overruled. It was in proof that tlie defendant bet at a game called.rondo, played upon a billiard table.

Read the full summary

Appeal from Rusk. The appellant was convicted upon an indictment in which the charge was that he “did bet money at a certain gaming’ table, at “rondo, which said gaming- table was then and there kept by one Andrew J. “Smith, contrary to tire form of the statute,” &c. The defendant moved the court to quash the indictment, which motion the court overruled. It was in proof that tlie defendant bet at a game called.rondo, played upon a billiard table. The game was also known and sometimes called by a different name. The evidence described the game particularly. It was a game on which money was…

1Opinion of the CourtWheeler, J.

It is objected to the sufficiency of tlie indictment that it does not desorille the gaming table on which it is averred the defendant bet by its proper name, nor as a gaming table tlie name of which is unknown.

The Matute, article 5G7 of the Digest, declares what shall be a sufficient description of (lie offense in the indictment; but it does not prescribe a form which must invariably be pursued. Its intention obviously was to furnish the pleader willi a description which in point of certainty should be sufficient, but not to proscribe a form which lie must follow. It furnishes one but not…

2Cited by15 opinions

  1. Everhart v. PeopleSupreme Court of Colorado · 1913
  2. Bird v. StateCourt of Criminal Appeals of Texas · 1912
  3. Chappell v. StateCourt of Appeals of Texas · 1889
  4. Lagrone v. StateCourt of Appeals of Texas · 1882
  5. Mosely v. StateCourt of Appeals of Texas · 1885

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API