Handy v. State

BROOKS, Judge.

This conviction is for gaming, the punishment being fixed at a fine of $10. Appellant insists that the indictment is defective, because it does not allege that money or something of value was bet or wagered by defendant. This is not necessary. The indictment does allege the defendant bet and wagered. Long v. State, 22 Texas Crim. App., 194; 2 S. W. Rep., 541.

The controlling question is the sufficiency of the evidence. The game of cards was played at a private residence, and the evidence wholly fails to show that it was commonly resorted to for that purpose. The game for which…