State v. Fuller
Texas Supreme Court
Appeal from Harris. The case was tried before Hon. James Love, judge of the criminal court for the counties of Harris and Galveston. The defendant was indicted for that “ in a certain public house in the city of Houston, occupied by one Lund, a colored man, on the east side of Milam street, between Capitol street and Rusk street, with divers other persons to the grand jurors unknown, play at a certain game with cards.”
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Appeal from Harris. The case was tried before Hon. James Love, judge of the criminal court for the counties of Harris and Galveston. The defendant was indicted for that “ in a certain public house in the city of Houston, occupied by one Lund, a colored man, on the east side of Milam street, between Capitol street and Rusk street, with divers other persons to the grand jurors unknown, play at a certain game with cards.” The defendant moved that the indictment be quashed, which motion was sustained, and the state appealed.
1Opinion of the CourtLindsay, J.
—The indictment in this case was for playing cards in a “public place.” Although the accused may have played cards with divers unknown persons at a certain house, it does not necessarily follow that he violated the law enacted against gaming. Persons may play cards at a private house without being guilty of any offense against *560the law. There are certain houses denominated “public houses ” in the statute, and there are certain places considered as “ public places ” in the statute. If either of such “houses” or “places” is averred in the indictment, the allegation is sufficient. But if the…
2Cited by3 opinions
- Fossett v. StateCourt of Appeals of Texas · 1884
- Scribner v. StateCourt of Appeals of Texas · 1882
- Scribner v. StateCourt of Appeals of Texas · 1882