Legal Opinion

Faucett v. State

Court of Criminal Appeals of Texas

Decided March 9, 1904No. 2930PublishedCited by 4 opinions

Appeal from the County Court of Hill. Tried below before Hon. L. C. Hill. Appeal from a conviction of exhibiting a banking game; penalty, a fine of $25. Appellant occupied the second story of a two story brick building on the public square in the town of Hillsboro. Persons had access by means of a staircase ascending from the sidewalk which runs east and west in front of the place, which fronts south. The sidewalk is traveled by a great many people.

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Appeal from the County Court of Hill. Tried below before Hon. L. C. Hill. Appeal from a conviction of exhibiting a banking game; penalty, a fine of $25. Appellant occupied the second story of a two story brick building on the public square in the town of Hillsboro. Persons had access by means of a staircase ascending from the sidewalk which runs east and west in front of the place, which fronts south. The sidewalk is traveled by a great many people. The upstairs was about 80 or 100 feet long by 25 feet wide, and was cut up into three rooms; the front was the bed room óf appellant and wife,…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of exhibiting a hanking game, for the purpose of gaming, and his punishment assessed at a fine of $25 and ten days confinement in the county jail; hence this appeal.

Appellant contends that the proof shows that this was an ordinary game of craps played with dice, and was at a private residence, and was exempt from punishment under article 388, Penal" Code, and he further contends that under said article, although it was a gaming table or bank, yet being played with dice and at a private residence, it is exempt. In answer to the first proposition, we…

2Cases cited3 opinions

  1. Stearnes v. StateTexas Supreme Court · 1858
  2. Shaw v. StateCourt of Criminal Appeals of Texas · 1896
  3. Bell v. StateCourt of Criminal Appeals of Texas · 1893

3Cited by4 opinions

  1. People v. AmbroseCalifornia Court of Appeal · 1953
  2. People v. AmbroseAppellate Division of the Superior Court of California · 1953
  3. Marks v. StateCourt of Criminal Appeals of Texas · 1907
  4. Moreno v. StateCourt of Criminal Appeals of Texas · 1911

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