Legal Opinion · Dissent

Strong v. State

Court of Criminal Appeals of Texas

Decided April 16, 1913No. 1977Published

Appeal from the Criminal District Court of Dallas No. 2. Tried below before the Hon. Barry Miller. Appeal from a conviction of knowingly permitting gambling on premises under defendant’s control; penalty, two years imprisonment in the penitentiary. The opinion states the case.

1DissentPrendergast, Judge

On February 7, 1912, appellant was indicted and convicted of violating our gambling law, and his penalty fixed at two years confinement in the penitentiary, which is the lowest penalty.

There are several counts in 'the indictment, only two of which were submitted to the jury for a finding. The jury, by its verdict, found appellant guilty under the second count. So that it is necessary to consider this count only in passing upon the questions raised in this case.

Said count, after the usual formal parts thereof, is as follows: “That one W. T. Strong on the 15th day of October, in the year of our…

2Cases cited25 opinions

  1. Bishop v. StateTexas Supreme Court · 1875
  2. Davis v. VidalTexas Supreme Court · 1912
  3. Johnson v. StateTexas Supreme Court · 1865
  4. Parshall v. StateCourt of Criminal Appeals of Texas · 1911
  5. Knight v. StateCourt of Criminal Appeals of Texas · 1912

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