Ballew v. State
Court of Appeals of Texas
Appeal from the District Court of Smith. Tried below before the Hon. B. B. Beaird, County Judge. The appellant in this case was convicted for permitting a game of cards to be played upon his premises, which were charged to be appurtenant to a drinking saloon. The penalty imposed upon the appellant was a fine of twenty-five dollars. Alexander White was the first witness for the State.
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Appeal from the District Court of Smith. Tried below before the Hon. B. B. Beaird, County Judge. The appellant in this case was convicted for permitting a game of cards to be played upon his premises, which were charged to be appurtenant to a drinking saloon. The penalty imposed upon the appellant was a fine of twenty-five dollars. Alexander White was the first witness for the State. He testified, in substance, that he lived in Tyler, Smith county, Texas, but was in Troupe, Smith county, on a certain day in July, 1888, when a game of cards was played in the rear room of an establishment known…
1Opinion of the Court
White, Presiding Judge.
Appellant was indicted under article 365, Penal Code, for unlawfully permitting “a game of cards to be played upon his premises, the said premises then and there being appurtenances to a public place, to wit, to a house for retailing spirituous liquors.” The indictment was good and sufficient under the statutes. (Penal Code, arts. 355, 365; Willson’s Crim. Forms, No. 247, and authorities cited in the note.)
It is contended that the county court had no jurisdiction of the case, because the fine affixed to said offense is not less than twenty-five nor more than one hundred…
2Cited by4 opinions
- Williams v. MagouirkCourt of Appeals of Texas · 1921
- Bennett v. WeisSupreme Court of Arkansas · 1943
- Ex Parte SpringCourt of Criminal Appeals of Texas · 1978
- Ex Parte SpringCourt of Criminal Appeals of Texas · 1978