Shihagan v. State
Texas Supreme Court
Appeal from Walker. The appellant was indicted and convicted of playing at cards under article 533 of the Digest. The indictment charged the offense to have been committed “in a room in the eourt-house, the said court-house “being a public place.” There was a motion to quash the indictment, a motion for a new trial, and a motion in arrest of judgment, which, in their order, were considered and overruled.
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Appeal from Walker. The appellant was indicted and convicted of playing at cards under article 533 of the Digest. The indictment charged the offense to have been committed “in a room in the eourt-house, the said court-house “being a public place.” There was a motion to quash the indictment, a motion for a new trial, and a motion in arrest of judgment, which, in their order, were considered and overruled. The proof was that the defendant had rented the room in which the playing took place from the County Court, and that he used it as a tailor’s shop iu the day time and a sleeping- room at…
1Opinion of the CourtWheeler, J.
The term .“public” may be applied to a house either on account of tlie proprietorship, as a court house which belongs to the county, or the purposes for which it is used, as a tavern, storehouse, house for retailing spirituous liquors, &c. The statute appeal’s to have had especially in view houses of- tlie latter class.. Whether any specified house is public, within the meaning and intention of the statute, is a question of law; but whether a place be public will be, in general, a question of fact. Because a court house is public it does not necessarily follow that every room in it is so.…
2Cited by3 opinions
- Tooke v. StateCourt of Appeals of Georgia · 1908
- Comer v. StateCourt of Appeals of Texas · 1888
- Bowman v. StateCourt of Appeals of Texas · 1884