Robinson v. State
Texas Supreme Court
Appeal from Travis. Indictment for permitting a banking game to be exhibited in the defendant’s house. The proof was that the bank was exhibited in the defendant’s house, where he retailed spiritous liquors, and that the defendant knew the fact and did not attempt to stop it. The Court instructed •the jury fully on the case, and among others, instructed them in the language of the fourth paragraph of the synopsis of this report.
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Appeal from Travis. Indictment for permitting a banking game to be exhibited in the defendant’s house. The proof was that the bank was exhibited in the defendant’s house, where he retailed spiritous liquors, and that the defendant knew the fact and did not attempt to stop it. The Court instructed •the jury fully on the case, and among others, instructed them in the language of the fourth paragraph of the synopsis of this report. The new evidence to be introduced at a new trial was to the effect that at the times stated by the witnesses for the State, the defendant was absent from the county.
1Opinion of the CourtWheeler, J.
The ground mainly relied on for a reversal of the judgment is, that the provision of the Statute under which this indictment was framed, is not within the object of the law, as expressed in its title. (Const. Genl. Prov. Sec. 24.)
It is not, and cannot be questioned or doubted, that the provision in question is within the object of the law as expressed in its title proper, at the head of the Act. But the argument is, in effect, that, in the arrangement and classification of the provisions of the Act, it is not properly classified; that it should have been placed in the class of offences…
2Cited by12 opinions
- Ex parte PollardSupreme Court of Alabama · 1866
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Bowman v. CockrillSupreme Court of Kansas · 1870
- Tuskaloosa Bridge Co. v. OlmsteadSupreme Court of Alabama · 1867
- Dodge v. YoungbloodCourt of Appeals of Texas · 1918
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