Comer v. State
Court of Appeals of Texas
Appeal from the County Court of Cherokee. Tried below before the Hon. M. J. Whitman, County Judge. This conviction was for playing cards in a public place, and the penalty assessed was a fine of ten dollars. W. T. Guinn was the first witness for the State.
Read the full summary
Appeal from the County Court of Cherokee. Tried below before the Hon. M. J. Whitman, County Judge. This conviction was for playing cards in a public place, and the penalty assessed was a fine of ten dollars. W. T. Guinn was the first witness for the State. He testified that in 1887, he lived in the town of Rusk, Cherokee county, Texas, and for a time acted as a clerk of his brother, P. P. Guinn, who was the proprietor of the tavern or inn known as the Hotel Comer, which said tavern was conducted in the brick building owned by the defendant and T. L. Fairris. During the said year the said P.…
1Opinion of the Court
White, Presiding Judge.
It was charged in the indictment that the unlawful playing at a game with cards was at “a tavern or inn,” and again that it was done “in a room in and attached to said tavern and inn.” The conjunctive “and” was used to connect the two offenses. If several offenses are embraced in the same general definition, and are punishable in the same manner, they are not distinct offenses and may be charged conjunctively in the same count. (Willson’s Crim. Stats., sec., 1989.) This indictment was neither uncertain nor duplicitous, and is in all respects sufficient.
Our statute…
2Cases cited3 opinions
- Lookhart v. StateTexas Supreme Court · 1853
- Shihagan v. StateTexas Supreme Court · 1853
- State v. DavisTexas Supreme Court · 1862
3Cited by20 opinions
- Tooke v. StateCourt of Appeals of Georgia · 1908
- Odle v. StateCourt of Criminal Appeals of Texas · 1940
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
- In Re SteinkeCalifornia Court of Appeal · 1969
- In re BreckenridgeNevada Supreme Court · 1911
15 more not listed; retrieve them via the Exa API.