State v. Shult
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. James H. Rogers. James A. Shult was indicted for playing “at a certain game of cards at a public house, to wit, in a room situated over and attached to the storehouse of Sebolds & Floyd, in the city of Jefferson, in said county, the said room being then and there a gaming house.” The indictment being quashed, the State appealed.
1Opinion of the Court
Moore, Associate Justice.
The objection that the indictment charges appellee with playing “a game of cards” instead of “ a game with cards,” presents a question of grammatical accuracy rather than one of law entitled to serious consideration. Words or phrases such as these “are to be taken and construed in the sense in which they are understood in common language, taking into consideration the context and subject matter relative to which they are employed.” (Criminal Code, see. 28.) Doing this there certainly can be no doubt as to the meaning of the words used in the indictment. Nor, indeed,…
2Cases cited8 opinions
- Lewellen v. StateTexas Supreme Court · 1857
- Parker v. StateTexas Supreme Court · 1862
- State v. ManskerTexas Supreme Court · 1872
- State v. RodericaTexas Supreme Court · 1872
- Herron v. StateTexas Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.