Day v. State
Court of Appeals of Texas
Appeal from the County Court of Freestone. Tried below before the Hon. T. W. Sims, County Judge. The opinion discloses the nature of the case, and the record brings up no statement of facts. The penalty assessed was a fine of ten dollars.
1Opinion of the Court
Hurt, Judge.
This conviction is for betting at a game played with dice, called “craps.” The indictment-fails to alallege that appellant played the game with another or bet with another person. This is not necessary to its sufficiency* but is material with respect to another question.
Upon the trial defendant offered to prove an alibi by Robert Cooper and others. The State objected because they were in a separate bill or bills indicted for betting at craps. The evidence upon this matter was that the game on the night of August 24, 1888, began about dark and continued until daylight the next…
2Cited by7 opinions
- Cortez v. StateCourt of Criminal Appeals of Texas · 1942
- Cotton v. StateCourt of Criminal Appeals of Texas · 1922
- West v. StateCourt of Criminal Appeals of Texas · 1925
- Burns v. StateCourt of Criminal Appeals of Texas · 1928
- Gatewood v. StateCourt of Criminal Appeals of Texas · 1928
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