Legal Opinion

Huffman v. State

Court of Appeals of Texas

Decided June 8, 1887No. 5464PublishedCited by 6 opinions

Appeal from the County Court of Bell. Tried below before the Hon. J. M. Rosborough, County Judge. The opinion states the case. The verdict assessed the penalty at a fine of one hundred dollars, upon which judgment was rendered against the sureties on the appearance bond, as well as against the appellant.

1Opinion of the Court

Hurt, Judge.

This is a conviction for keeping a disorderly house. The indictment alleges that the house was kept from the first day of February, 1886, and on each day from that date up to the twenty-eighth day of February, 1886.

Though not directly passed upon by the courts of last resort in this State, the weight of authority is that this is a continuous offense, and that a conviction bars all further prosecutions up to the time of conviction. While this is the general rule, yet, to avoid this effect, it is well settled that if the indictment is drawn in the form in which this is drawn, and…

2Cited by6 opinions

  1. Martin v. StateCourt of Appeals of Georgia · 1946
  2. Grissom v. StateCourt of Criminal Appeals of Texas · 1931
  3. Ex Parte BarrowCourt of Criminal Appeals of Texas · 1948
  4. Grisson v. StateCourt of Criminal Appeals of Texas · 1931
  5. Reynolds v. StateCourt of Criminal Appeals of Texas · 1955

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