State v. Horan
Texas Supreme Court
Appeal from Travis. The appellee, John Horan, was indicted for permitting a faro bank to be exhibited in his house. He demurred to the indictment; and his demurrer was sustained, and the State appealed.
1Opinion of the CourtLipscomb, J.
The only question is, Was the 9th Section of the Act of 1840, to suppress gaming, repealed or suspended *147by the Act of March 20th, 1848, concerning crimes and punishments. The last named Act repeals no Section of the Act of 1840, by any special reference to it, and, in the last Section, repeals all laws and parts of laws conflicting with it. The 9th Section is not in conflict; and the Attorney General insists, therefore, that it was intended that it should remain in force, and, if his position cannot be supported, the indictment was for an ofl'ence not known to the law, as the last Act does…
2Cited by1 opinion
- State v. DrakeTexas Supreme Court · 1894