Miller v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Erath. Tried below before Hon. Thos. B. King, County Judge. This appeal is from a conviction for unlawfully playing at a game with cards, the punishment being assessed at a fine of $20. Omitting formal averments, the indictment charged as follows: “That J. Z. Miller, on the 1st day of April, in the year of our Lord, one thous- and eight hundred and ninety-five, in the County of Erath and State of Texas, then and there did unlawfully play at a…
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Appeal from the County Court of Erath. Tried below before Hon. Thos. B. King, County Judge. This appeal is from a conviction for unlawfully playing at a game with cards, the punishment being assessed at a fine of $20. Omitting formal averments, the indictment charged as follows: “That J. Z. Miller, on the 1st day of April, in the year of our Lord, one thous- and eight hundred and ninety-five, in the County of Erath and State of Texas, then and there did unlawfully play at a game with cards in a public house, to-wit: A. J. Brown’s room in the Hindsman dwelling, and which said room was commonly…
1Opinion of the Court
HENDERSON, Judge.
Appellant was indicted for playing at a game with- cards in an alleged public house; was convicted, and his punishment assessed at a fine of $20, and appeals. The indictment alleges the house to be public, and then proceeds to make the following allegation, to-wit: “A. J. Brown’s room in the Hindsman dwelling, and which said room was commonly used for gaming.” The evidence shows that the room was Brown’s private bedroom, upstairs in the Hindsman dwelling. Hindsman and family occupied the dwelling as a private residence. The proper disposition of this case calls for a…
2Cases cited1 opinion
- People v. WeithoffMichigan Supreme Court · 1883
3Cited by3 opinions
- Thorp v. StateCourt of Criminal Appeals of Texas · 1900
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
- Williams v. StateCourt of Criminal Appeals of Texas · 1900