State v. Ake
Texas Supreme Court
Appeal from Williamson. Ake was indicted by the grand jury of William-ion county for permitting clivers persons, to the grand jurors unknown, to play at a certain gamp with cards upon which money was bet, in a house kept by him for the, retail of spirituous liquors, in violation of the act of 1818. (Hart.
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Appeal from Williamson. Ake was indicted by the grand jury of William-ion county for permitting clivers persons, to the grand jurors unknown, to play at a certain gamp with cards upon which money was bet, in a house kept by him for the, retail of spirituous liquors, in violation of the act of 1818. (Hart. Dig'., art. 1470.) Tlie defendant moved to quash the indictment for the following reasons : 1st. The said indictment did not specify the game or games therein alleged to have been permitted to be, played. 2d. That the same was not a good indictment under article 1479, Hart. Dig., and that…
1Opinion of the CourtLipscomb, J.
Tlio only point presented for our consideration in this case Is the sufficiency of the indictment. It was drawn under article 1479, Hart. Dig., for permitting playing at a game of cards. The district judge quashed the indictment, because it did not allege any particular game at cards. Wo believe that, in testing the sufficiency of the indictment, the articles 1474 and 1475 must he taken'in connection with article 1479, and that it was not necessary to allege or prove what was the particular game at cards .played; that in alleging that it was a game at cards, the language of tlio .statute is…
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