Martin v. State

ON MOTION FOR REHEARING.

DAVIDSON, Judge.

As submitted by the trial court in his charge to the jury, the count in the indictment upon which this conviction is predicated charged that appellant did directly and through his agent, Joe Bostick, “unlawfully keep and exhibit for the purpose of gaming, a gaming device, to-wit, a marble machine.”

Appellant, in his motion for rehearing in this court, for the first time attacks the sufficiency of the indictment and insists that the term “marble machine” is vague, indefinite and uncertain; and that, in addition thereto, the allegation that the offense was…