Morris v. State

DAVIDSON, Presiding Judge.

The indictment charges that appellant “did then and there unlawfully keep and exhibit for the purpose of gaming a gaming table and bank.” Appellant moves in arrest of judgment because the indictment is duplicitous in that it charges appellant with keeping and exhibiting a gaming table for the purpose of gaming and that it charges him with keeping and exhibiting a bank for the purpose of gaming. This form of indictment has been sustained as being not subject to this criticism by the decisions. See Tellison v. State, 35 Texas Crim. Rep., 388; Parker v. State, 13 Texas…