Legal Opinion

Terry v. State

Court of Appeals of Texas

Decided December 2, 1891No. 3763PublishedCited by 5 opinions

Appeal from the County Court of Falls. Tried below before Hon. S. E. Scott, County Judge. Appellant was indicted, tried, and convicted for betting at a gaming table and bank, kept for purposes of gaming. His punishment was assessed at a pecuniary fine of $10. The Assistant Attorney-General moved to dismiss the appeal upon.the ground that the judgment appealed from was not a final judgment. This motion is the subject discussed in the opinion, and the motion was overruled.

Read the full summary

Appeal from the County Court of Falls. Tried below before Hon. S. E. Scott, County Judge. Appellant was indicted, tried, and convicted for betting at a gaming table and bank, kept for purposes of gaming. His punishment was assessed at a pecuniary fine of $10. The Assistant Attorney-General moved to dismiss the appeal upon.the ground that the judgment appealed from was not a final judgment. This motion is the subject discussed in the opinion, and the motion was overruled. Subsequently the judgment was affirmed without a written opinion.

1Opinion of the Court

HURT, Judge.

The indictment charges that appellant did bet at a gaming table or bank kept and exhibited for the purpose of gaming.

The judgment entered in the court below is as follows: “This day, this cause coming on to be heard, came the State of Texas by her county attorney, and the defendant in person and by attorney, and announced ready for trial. Thereupon came a jury of good and lawful men, to-wit, J. T. Brewer and five others, who were impanelled and sworn as the law directs. * * * Upon the indictment being read, the defendant to the charge therein of unlawfully betting at a…

2Cited by5 opinions

  1. Sparkman v. State, Texas Court of Appeals, 4th District (San Antonio)2000
  2. Barber v. StateCourt of Criminal Appeals of Texas · 1963
  3. Ex Parte RenierCourt of Criminal Appeals of Texas · 1987
  4. Ex Parte RenierCourt of Criminal Appeals of Texas · 1987
  5. Golson v. StateCourt of Criminal Appeals of Texas · 1915

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API