Austin v. State

(dissenting).—My brethren have written an opinion affirming the judgment herein. I can not concur.

1. Appellant was indicted under the Act of the Thirtieth Legislature, page 107, for unlawfully and knowingly permitting property and premises' under his control to be used as a place to bet, wager and gamble with cards, dice and dominoes, and was then and there interested in keeping and did then and there keep the said premises and the building thereon, situated in Daingerfiéld, Morris County, for the purpose of being used as a place where people resort and where people did then and there resort…