Neill v. State

DAVIDSON, Judge.

The count in the indictment upon which this conviction was predicated charged that appellant “did directly and through his agent, Martin Ebest, unlawfully keep and exhibit for the purpose of gaming, a gaming device, to-wit: a one-ball marble machine.” Punishment was assessed at two years in the penitentiary.

By motion to quash, appellant challenged the sufficiency of the indictment because of the failure to allege that the one-ball marble machine was a gaming table or device as specifically mentioned in Arts. 619 and 621, Vernon’s P. C.

Such an indictment as here presented was…