Emmons v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Tarrant. Tried below before Hon. Robert G. Johnson, County Judge. This appeal is from a conviction for betting at a game played with dice, the game not being played at a private residence.
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Appeal from the County Court of Tarrant. Tried below before Hon. Robert G. Johnson, County Judge. This appeal is from a conviction for betting at a game played with dice, the game not being played at a private residence. The punishment assessed was a fine of $25. Defendant pleaded a former conviction for this same offense, setting out in his said plea the indictment and the judgment in said case of former conviction, and alleging the identity of defendant and the identity of the two offenses. To this plea the county attorney filed exceptions, which were sustained, and the plea was stricken…
1Opinion of the Court
DAVIDSON, Judge.
Appellant, having been convicted of unlawfully betting at a game played with dice, and fined $25, prosecutes this appeal. Appellant interposed a plea of former conviction. The county attorney demurred to the plea, and the demurrer was sustained and the plea stricken out, to which appellant excepted. The plea upon its face was sufficient, and the court should not have sustained the exceptions thereto. If the judgment in the first case, that interposed in bar of this prosecution, had not been entered, then it was the duty of the court to have judgment entered thereon to enable…
2Cited by1 opinion
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