Stuart v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for permitting a gaming table or bank to be kept and exhibited by appellant in his house for purpose of gaming, the punishment assessed being a fine of $25. A motion to set aside the indictment was made, and, among other grounds, for the reason that a “certain person, not one authorized by law, was present when the grand jury were deliberating on the accusation against defendant.”
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This appeal is from a conviction for permitting a gaming table or bank to be kept and exhibited by appellant in his house for purpose of gaming, the punishment assessed being a fine of $25. A motion to set aside the indictment was made, and, among other grounds, for the reason that a “certain person, not one authorized by law, was present when the grand jury were deliberating on the accusation against defendant.” This motion was overruled by the court, and inasmuch as it is the only question discussed in the opinion no further statement of the case is required.
1Opinion of the Court
HENDERSON, Judge.
Conviction for permitting faro to be exhibited, for the purpose of gaming, in a house the property of the appellant. Counsel for appellant moved to set aside the indictment, because Mr. Cole, acting as Assistant County Attorney, was present when the grand jury were deliberating upon the accusation against the defendant. Article 523, of the Code of Criminal Procedure, provides that, “A motion to set aside an indictment or information shall be based on one or more of the following causes, and no other: * * * (2) Because that some person not authorized by law was present when…
2Cited by7 opinions
- Williams v. StateIndiana Supreme Court · 1919
- Wisdom v. StateCourt of Criminal Appeals of Texas · 1901
- Ray v. StateCourt of Criminal Appeals of Texas · 1977
- Moody v. StateCourt of Criminal Appeals of Texas · 1909
- McGregor v. StateCourt of Criminal Appeals of Texas · 1918
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