Wilkerson v. State

DAVIDSON, Presiding Judge.

The charging part of the indictment under which appellant was convicted alleges that he “did unlawfully play at a game with cards in a public place, to wit, a room in the St. George Hotel building, then and there occupied and used for the purpose of gaming.” It is contended, under article 379, White’s Annotated Penal Code, as amended, that this indictment is not sufficient, because it fails to negative the fact that the game of cards was in a private residence. The amended article reads as follows: “If any person shall play at any game with cards at any house…