Brown v. State

ON REHEARING.

October 3, 1923.

LATTIMORE, Judge.

The Thirtieth Legislature in 1907 amended and rewrote Article 388 P. C. and added Arts. 388a-b-c-d, etc. The amended Article 388 forbade betting or wagering at -certain named and described games under misdemeanor pains and penalties and contained the following proviso:

“No person shall be indicted under this section for playing said games with dominoes or cards at a private residence occupied by a family, unless same is commonly resorted to for the purpose of gaming. ’ ’ The terms of this proviso restrict its effect to the section containing it.

Arti…