Grant v. State
Court of Criminal Appeals of Texas
Appeal from tbe County Court of Parker. Tried below before Hon. I. N. Boach, County Judge. This appeal is from a conviction for playing cards in a public place, wberein tbe penalty assessed was a fine of $10. Exceptions were made to, and afterwards a motion in arrest of judgment attacked tbe sufficiency of tbe indictment (tbe charging part of wbicb is set out in tbe opinion) for insufficiency; because, “first, it fails to allege any fact that will make the room a public…
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Appeal from tbe County Court of Parker. Tried below before Hon. I. N. Boach, County Judge. This appeal is from a conviction for playing cards in a public place, wberein tbe penalty assessed was a fine of $10. Exceptions were made to, and afterwards a motion in arrest of judgment attacked tbe sufficiency of tbe indictment (tbe charging part of wbicb is set out in tbe opinion) for insufficiency; because, “first, it fails to allege any fact that will make the room a public place; second, it charges the playing took place in a room, and fails to allege that said room was attached to a public…
1Opinion of the Court
HURT, PRESIDING- Judge.
Tbe charging part of tbe indictment reads: “Did then and there unlawfully play at a game of cards in a public place, to wit, tbe Commercial Union club rooms, which club room was then and there a place to which people did then and there commonly resort for the purpose of business, amusement, and recreation, and which club room was then and there a public place.” Counsel for appellant moved to quash, and, the motion being denied, error is claimed. The plain meaning of the charge is that the Commercial Union club rooms was, when the cards were played, a public place or…
2Cited by10 opinions
- Tooke v. StateCourt of Appeals of Georgia · 1908
- State v. DukeTexas Supreme Court · 1911
- State v. DukeTexas Supreme Court · 1911
- Krnavek v. StateCourt of Criminal Appeals of Texas · 1897
- State ex rel. Young v. Minnesota ClubSupreme Court of Minnesota · 1909
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