Cherry v. State
Texas Supreme Court
Appeal from Guadeloupe.- The case was tried before Hon. John Ireland, one of the district judges. The facts are sufficiently set forth in the opinion of the judge.
1Opinion of the CourtCaldwell, J.
The indictment charges the defendant with playing a game of cards at a “ public place for retailing of intoxicating and spirituous liquors by the drink.”
The proof showed, that the playing took place in a room attached to the drinking-saloon, and belonged to the proprietor thereof, though rented to and under the control of another. The proprietor was in the habit of sending drinks into the room in which the game was played, and did so on this occasion.
The instructions given were, that “ if the room in which the playing took place is attached to and constituted a part of the same house, it…
2Cases cited2 opinions
- State v. AlveyTexas Supreme Court · 1861
- Holtzclaw v. StateTexas Supreme Court · 1863