Legal Opinion

Johnson v. State

Texas Supreme Court

Decided July 1, 1872PublishedCited by 1 opinion

Appeal from Caldwell. Tried below before the Hon Henry Haney. The facts of the case are sufficiently stated in the opinion of the court.

1Opinion of the CourtWalker, J.

At the January term for the year 1872, Johnson was indicted for playing at a game of cards in a house kept by G-arner and Anderson, for the retail of spirituous liquors, in a room over the bar-room of said Garner and Anderson. He was tried and convicted, and fined ten dollars.

The errors assigned are :

First. Tor overruling the motion to quash the indictment.

Second. Tor refusing instructions to the jury.

Third. Error in the charge of the court.

Fourth. In overruling a motion for a new trial.

The indictment is almost in the words of the statute, Article 409 of the Penal Code: “ If any person shall…

2Cases cited2 opinions

  1. Lewellen v. StateTexas Supreme Court · 1857
  2. Holtzclaw v. StateTexas Supreme Court · 1863

3Cited by1 opinion

  1. State v. ShultTexas Supreme Court · 1874

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