Dodson v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Greer. Tried below before Hon. W. D. Ballard, County Judge. This appeal is from a conviction for unlawfully playing at a game with cards in a house commonly resorted to for the purpose of gaming, the punishment being assessed at a fine of $10.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of violating the gaming laws. Motion was made to quash the affidavit because it did not allege that the affiant was a credible person. While such affidavit must be made by a credible person, yet we are not aware of any decision wherein it has been held that such affidavit must allege that fact. If the affiant is not a competent witness, and the affidavit shows that fact, such affidavit should be quashed. If it fails to allege this, it can be shown as a fact, and in that event the affidavit would not be good. But it is not an essential element in the…
2Cited by8 opinions
- Peek v. StateCourt of Criminal Appeals of Texas · 2003
- Halbadier v. StateCourt of Criminal Appeals of Texas · 1920
- Steinman v. StateCourt of Criminal Appeals of Texas · 1949
- Wilkes v. StateCourt of Criminal Appeals of Texas · 1951
- Woods v. StateCourt of Criminal Appeals of Texas · 1973
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