Republic of Texas v. Smith

HANSFORD, Justice.

From the record in this case it appears that Smith, the appellant, was indicted at the spring term of the District Court for Travis County for “holding a faro bank, for the purpose of playing at faro and inviting and receiving bettors,” and at the fall term was tried, and the jury returned a special verdict of “guilty of dealing faro in the city of Austin, previous to 1840, and after the first of May, 1839.” Upon the return of this verdict the appellant, by counsel, moved in arrest of judgment, upon the ground that Austin, where the offense was alleged to have been committed…