Bird v. State

ON REHEARING.

June 5, 1912.

HARPER, Judge.

This case was affirmed at a former day of this term, and appellant has filed a motion for rehearing. In it he says: “Appellant does not contend that the evidence did not show that a banking game was played, and does not contend now that the evidence does not show that a banking game was played, but has contended at all times, and still contends that he was not indicted for running a banking game, and that he has not had an hour or day in court upon a charge for conducting a banking game.” This simplifies matters, for if by a proper construction it was a…