Horan v. State
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Alexander W. Terrell. The appellant was indicted and convicted for permitting a game with cards to be played in his house. The only question in the case was, as to the sufficiency of the indictment in point of certainty.
1Opinion of the CourtRoberts, J.
The indictment charges, that the defendant “ did permit a game with cards to be played in his house, said house then and there being situate in the county aforesaid, and kept by the said Horan for retailing spiritous liquors.”
It is contended, that this description is not sufficiently certain to identify either the particular game that was played, or the house in which it was played. The rule of certainty required by the Code, is, “ such as will enable the accused to plead the judgment that may be given upon it, in bar of any prosecution for the same offence.” (Art. 898.) This is not a new…
2Cited by9 opinions
- Beck v. StateCourt of Criminal Appeals of Texas · 1985
- State v. San Juanita Czaplinski, Texas Court of Appeals, 3rd District (Austin)1997
- State v. GuernseyMissouri Court of Appeals · 1880
- State v. ThompsonTexas Supreme Court · 1874
- Albrecht v. StateCourt of Appeals of Texas · 1880
4 more not listed; retrieve them via the Exa API.