Long v. State
Court of Appeals of Texas
Appeal from the County Court of Hopkins. Tried below before the Hon. J. K. Milam, County Judge. The conviction in this case was for betting at a game played with dice, the dice being thrown in a raffle in a saloon to decide the ownership of a gun of the value of seven dollars. The penalty assessed against the appellant was a fine of twenty dollars.
1Opinion of the Court
Willson, Judge.
The indictment charges that the defendant did unlawfully bet and wager at a certain game with dice. It does not allege that any money, or other thing of value, was bet on said game. A motion to quash the indictment because of the want of such an allegation was made and overruled, and counsel for defendant insist that this ruling of the court is error. It is contended that, in view of the language of the Act of March *195■5, 1881, (Gen. Laws Seventeenth Legislature, p. 17), amendatory of Article 364 of the Penal Code, the indictment must allege, and the proof must show, that “money…
2Cases cited1 opinion
- Stearnes v. StateTexas Supreme Court · 1858
3Cited by2 opinions
- Brand v. StateSupreme Court of Georgia · 1900
- Handy v. StateCourt of Criminal Appeals of Texas · 1906