Fisher v. State

MORROW, Presiding Judge.

Operating a pool hall, as defined by Art. 653, P. C., 1925, is the offense; penalty, a fine of twenty-five dollars.. In the indictment it was charged that the offense took place on or about the 2nd day of January, 1929. On the trial two witnesses testified to facts showing that the appellant operated a pool hall at some time but gave no date. They testified to no circumstances from which the date might be inferred. Proof of the exact date named in the indictment was unnecessary, but proof that the offense was committed at such time that the prosecution would not be…