Booth v. State
Texas Supreme Court
Error from Shelby. Tried below before the Hon. A. W. 0. Hicks. Indictment for betting at a gaming table, under article 414 of the Penal Code. The indictment charged that the defendant “ did bet at and upon a gaming table.” Defendant excepted to the indictment on the ground of insufficiency in the description of the offence charged. Exception overruled. Verdict and judgment against defendant. Case brought up by writ of error.
1Opinion of the CourtBell, J.
The indictment is insufficient, and the exception to it ought to have been sustained. The indictment ought to have alleged that the betting was upon a gaming table kept or exhibited for the purpose of gaming. If one of the games or gaming tables named in the statute, as for instance faro, monte, rondo, or another, be also named in the indictment, that will be sufficient, without alleging that it was kept or exhibited for the purpose of gaming, for that will be matter of legal inference; but where a game or gaming table named in the statute is not named in the indictment, *204it must be alleged…
2Cited by5 opinions
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