Johnson v. State

ALLEN, Justice.

Appellant, Willard Bryant Johnson, appeals his conviction for gambling promotion. We conclude that the indictment in this case fails to give appellant adequate notice of whether he was charged with receiving a bet, in violation of TEX.PENAL CODE ANN. § 47.03(a)(2) (Vernon 1974), or with making a bet, in violation of TEX.PENAL CODE ANN. § 47.02(a)(1) (Vernon Supp.1985). Thus, the indictment in this case suffers from a defect which cannot withstand a motion to quash for insufficiency of notice. Accordingly, we sustain appellant’s second ground of error that the trial court erred…