State v. Kelly
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. Alexander W. Terrell. The indictment in this case charged, that the appellee “ did then and there, in,” &c., describing the locality, “keep a gaming device for the purpose of gaming, which gaming device, so kept as aforesaid, by the said Kelly, was a ten-pin alley, upon which the unlawful game of pool was permitted to be played, by said Kelly.” The indictment, on motion of the defendant, was quashed.
1Opinion of the CourtRoberts, J.
The indictment contains a description of the game of pool, kept upon a ten-pin alley. Most usually, in this *183country, this game is kept and exhibited, upon a billiard-table. The question is, whether this change in the mere structure, upon which the game is exhibited, will make that a legal game. Pool is expressly named, as one of the gaming tables which are prohibited. (O. & W. Dig. 507, Art. 414.) It is the prohibited game of pool, that gives character to the gaming device which is described, whether it be exhibited on a table, a floor, a flat rock, or a ten-pin alley. And whatever evasive…
2Cases cited1 opinion
- Stearnes v. StateTexas Supreme Court · 1858
3Cited by2 opinions
- Tuttle v. StateCourt of Appeals of Texas · 1876
- Wardlow v. StateCourt of Appeals of Texas · 1885