State ex rel. Shook v. All Texas Racing Ass'n

GERMAN, Commissioner.

In motion for rehearing we are called upon by plaintiff in error to hold that the clause in article 4664 of the Revised Statutes 1925 reading as follows, “or where persons resort for the purpose of gambling,” should be construed to include any place where persons resort for betting or wagering upon “anything whatever,” whether expressly prohibited by provisions of the Penal Code or not. In other words, we are called upon to say that the word “gambling” in said article should be given a general and comprehensive meaning, such as it sometimes had at common law, and be made…