Wheelock v. State
Texas Supreme Court
Appeal from Robertson. Indictment for playing cards for money “ at a certain out-house in the town of Wheelock, in said county, to which people then and there resorted.”
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Appeal from Robertson. Indictment for playing cards for money “ at a certain out-house in the town of Wheelock, in said county, to which people then and there resorted.” The evidence was: first witness saw defendant playing cards for money, in a house in the town of Wheelock, in the summer of 1854; one room of the house was occupied as a sleeping apartment by A. J. Street; he had frequently been to the house to see Street, and played smut in the house; he had seen persons frequently going there ; Street was occupying the house. A. J. Street sworn, says he has occupied one room of the house as…
1Opinion of the CourtWheeler, J.
The charge given by the Court was certainly as favorable to the defendant as he could ask, and the only charge asked by him was given.
It seems from the evidence, that the house where the playing took place was one of very frequent resort; and there can be little doubt that it was a place of common resort for the purpose of gaming. Such, at least, was the conclusion the jury were warranted in drawing from the evidence ; and it is evident such must have been their conviction; else, under the charge of the Court, they could not have found the defendant guilty.
The house unquestionably was an…
2Cited by6 opinions
- Purvis v. StateCourt of Criminal Appeals of Texas · 1911
- Armstrong v. StateCourt of Criminal Appeals of Texas · 1895
- Simons v. StateCourt of Criminal Appeals of Texas · 1909
- Herrin v. StateCourt of Criminal Appeals of Texas · 1906
- Huse v. StateCourt of Criminal Appeals of Texas · 1904
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