Askey v. State
Court of Appeals of Texas
Appeal from the County Court of Gonzales. Tried below before the Hon. J. S. Conway, County Judge. The conviction was for playing cards in a public place, and the punishment imposed was a fine o£ ten dollars. The fact that the defendant played a game of cards in the up stair apartment of an unoccupied store house was in no wise disputed on the trial.
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Appeal from the County Court of Gonzales. Tried below before the Hon. J. S. Conway, County Judge. The conviction was for playing cards in a public place, and the punishment imposed was a fine o£ ten dollars. The fact that the defendant played a game of cards in the up stair apartment of an unoccupied store house was in no wise disputed on the trial. There was, however, no proof of the public character of the house, and it was positively proved that no liquor had been sold in the building- for over two months.
1Opinion of the Court
Hurt, Judge.
Appellant is charged by the indictment with wilfully and unlawfully playing a game with cards at a certain public place, and at a certain house for retailing spirituous liquors.
The State abandoned the allegation in the indictment which charged the defendant with playing cards “at a certain house for retailing spirituous liquors.” Hence this conviction was for ■card playing “at a certain public place.”
Defendant moved the court to quash the indictment, but, as the indictment charged that the playing occurred at a certain house for retailing spirituous liquors, this motion was…
2Cases cited1 opinion
- Elsberry v. StateTexas Supreme Court · 1874