Metzer v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Archer. Tried below before Hon. A. Llewellyn. Appellant was prosecuted under an indictment charging him with unlawfully playing at a game with cards in a public place, and upon trial was convicted and his punishment assessed at a fine of $10.
1Opinion of the Court
DAVIDSON, Judge.
Appellant’s motions to quash the indictment and in arrest of judgment on account of the insufficiency of the indictment were both overruled. The general rule is well established, that an indictment fpr playing cards in a public place, to be sufficient, must allege the facts which constitute the place of playing a public place, unless the place be one specifically enumerated in the Penal Code. Livery stables are not so enumerated, and it does not suffice to aver that the livery stable was a public place without alleging facts which constitute it such a place. Fossett v. The…
2Cases cited1 opinion
- Elsberry v. StateTexas Supreme Court · 1874
3Cited by4 opinions
- Roberts v. StateCourt of Appeals of Georgia · 1908
- Clinton v. StateCourt of Criminal Appeals of Texas · 1912
- Taylor v. StateCourt of Criminal Appeals of Texas · 1912
- Huffman v. StateCourt of Criminal Appeals of Texas · 1906