Redditt v. State
Texas Supreme Court
Appeal from Freestone. Tried below before the Hon. Henry J. Jewett. Indictment for playing at a game of cards, on which money was bet, at a certain office, being the same then occupied as a physician’s office and druggist’s store, by the said Redditt, and being then and there a public house. The only assignment of error was, that the Court erred in overruling the defendant’s motion for a new trial.
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Appeal from Freestone. Tried below before the Hon. Henry J. Jewett. Indictment for playing at a game of cards, on which money was bet, at a certain office, being the same then occupied as a physician’s office and druggist’s store, by the said Redditt, and being then and there a public house. The only assignment of error was, that the Court erred in overruling the defendant’s motion for a new trial. The grounds of the motion were, that the verdict was contrary to the evidence, and contrary to the charge of the Court and the law. The evidence was as follows : Richard Ellis, for the State,…
1Opinion of the CourtWheeler, J.
It requires neither argument nor authorities to prove that a house, where drugs and medicines are kept and vended, is a “storehouse” within the meaning of the Act inhibiting gambling. (Hart. Dig. Art. 1474.) Repeated decisions of this Court have settled, that the inhibition of playing in the house, will include an inhibition of playing in a room, other than the main room, or room in which the business is pursued which gives character to the house. (Cole v. The State, 9 Tex. R. 42 ; 12 Id. 210 ; 10 Id. 275.)
The charge of the Court left it, very fairly, to the jury to decide, whether the room,…
2Cases cited1 opinion
- Lookhart v. StateTexas Supreme Court · 1853
3Cited by3 opinions
- Jack Jennings Truck Tire Co. v. Texas Warehouse & Forwarding Co.Court of Appeals of Texas · 1931
- O'Brien v. StateCourt of Appeals of Texas · 1881
- Smith v. StateCourt of Appeals of Texas · 1876