State v. Lopez
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. Thomas H. Duval, Indictment for gaming with cards at a public place. The indictment charged that Peter Lopez, late of Fayette county, aforesaid, yeoman, with force and arms in the county aforesaid, on the first day of July, Anno Domini one thousand eight hundred and fifty-four, did then and there play at a certain game with cards, upon which property, to-wit, a horse, was bet, near McFadden’s grocery at a public place, at…
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Appeal from Fayette. Tried below before the Hon. Thomas H. Duval, Indictment for gaming with cards at a public place. The indictment charged that Peter Lopez, late of Fayette county, aforesaid, yeoman, with force and arms in the county aforesaid, on the first day of July, Anno Domini one thousand eight hundred and fifty-four, did then and there play at a certain game with cards, upon which property, to-wit, a horse, was bet, near McFadden’s grocery at a public place, at Black Jack Springs in Fayette county, contrary, &c. Motion by defendant to quash, on the ground that the indictment did not…
1Opinion of the CourtWheeler, J.
The indictment charges the playing to have been at a “ public place,” in the words of the statute ; and that is sufficient as respects the locus in quo. (Hart. Dig. Art. 1474; Prior v. The State, 4 Tex. R. 383.) The Court therefore erred in quashing the indictment: for which the judgment must be reversed, and the case remanded for further proceedings.
Reversed and remanded.
2Cited by2 opinions
- Glasscock v. HamiltonTexas Supreme Court · 1884
- Pipkin v. Kaufman & RungeTexas Supreme Court · 1884