Thorp v. State

HENDERSON, Judge.

Appellant was convicted of gaming, and his punishment assessed at a fine of $10; hence this appeal.

Appellant complains of the action of the court in refusing to quash the indictment. There are three counts in the indictment. In our opinion, the first and second counts in the indictment are good. The conviction, however, if it can be sustained, must be under the first count, as the proof under the second count fails to show that the room where the game was played was an outhouse. The first count charges the ‘ playing to have been “at a public place, to wit, a gaming house,”…