Legal Opinion

Francis v. State

Court of Criminal Appeals of Texas

Decided June 8, 1921No. 5775PublishedCited by 34 opinions

Appeal from the District Court of Smith. Tried below before the Honorable J. R. Warren. Appeal from a conviction of a violation of the gaming law; penalty, two years imprisonment in the penitentiary. The opinion states the case. —Cited Borches v. State, 21 S. W. Rep., 192; Payne v. State, 17 Texas Crim. App., 40; McRay v. State, 18 id., 331; Parshall v. State, 138 S. W. Rep., 778; Simons v. State, 120 id., 208; State ex rel.

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Appeal from the District Court of Smith. Tried below before the Honorable J. R. Warren. Appeal from a conviction of a violation of the gaming law; penalty, two years imprisonment in the penitentiary. The opinion states the case. —Cited Borches v. State, 21 S. W. Rep., 192; Payne v. State, 17 Texas Crim. App., 40; McRay v. State, 18 id., 331; Parshall v. State, 138 S. W. Rep., 778; Simons v. State, 120 id., 208; State ex rel. Crow v. St. Louis, 73 S. W. Rep., 623; Walters v. State, 125 S. W. Rep., 11. Cited cases in opinion.

1Opinion of the Court

MORROW, Presiding Judge.

Appellant was convicted for violation of the gaming law; punishment fixed at confinement in'the penitentiary for two years.

The count in the indictment upon which the conviction rests contains the following: “. . . did then and there unlawfully and knowingly permit property and premises there situate and then and there under his control to be used as a place to bet and wager and to gamble at games played with cards then and there played, and did then and there unlawfully and knowingly permit said property and premises to be used as a place where people resorted to…

2Cases cited4 opinions

  1. Lewis v. StateCourt of Criminal Appeals of Texas · 1910
  2. Simons v. StateCourt of Criminal Appeals of Texas · 1909
  3. Walters v. StateCourt of Criminal Appeals of Texas · 1910
  4. Clark v. StateCourt of Criminal Appeals of Texas · 1910

3Cited by34 opinions

  1. Ex Parte MitchumCourt of Criminal Appeals of Texas · 1922
  2. Lamkin v. StateCourt of Criminal Appeals of Texas · 1940
  3. Brown v. StateCourt of Criminal Appeals of Texas · 1922
  4. Fridge v. StateCourt of Criminal Appeals of Texas · 1921
  5. Sanchez v. StateCourt of Criminal Appeals of Texas · 1921

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