Herrin v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Nacogdoches. Tried below before the Hon. Bobert Berger. Appeal from a conviction of unlawfully playing at a game with cards; penalty, a fine of $25. The evidence showed that as many as three or four games were played at defendant’s residence where he resided with his family, in which he participated; that the games were played in the dining room on the dining table of defendant, at night, upon each occasion and that money was bet by the…
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Appeal from the County Court of Nacogdoches. Tried below before the Hon. Bobert Berger. Appeal from a conviction of unlawfully playing at a game with cards; penalty, a fine of $25. The evidence showed that as many as three or four games were played at defendant’s residence where he resided with his family, in which he participated; that the games were played in the dining room on the dining table of defendant, at night, upon each occasion and that money was bet by the players at each game; that the dining room was reached through a hall; that the same parties plaj'ed at each of three or four…
1Opinion of the Court
DAVIDSON, Presiding Judge.
The charging part of the indictment is, as follows: * * * “did then and there unlawfully play and bet at a game played with cards, said game then and there being played at a private residence, occupied by a family; said private residence then and there being commonly resorted to for the purpose of gaming.” Motion was made to quash, (1) because the indictment fails to charge at whose private residence the game was played, thereby failing to place appellant on sufficient notice to which transaction he was called to answer; and (2) that it did not allege that appellant…
2Cases cited4 opinions
- Wheelock v. StateTexas Supreme Court · 1855
- State v. NortonTexas Supreme Court · 1857
- Floeckinger v. StateCourt of Criminal Appeals of Texas · 1903
- Wilson v. StateTexas Supreme Court · 1849
3Cited by4 opinions
- Adley v. State, Texas Court of Appeals, 5th District (Dallas)1984
- Simons v. StateCourt of Criminal Appeals of Texas · 1909
- Bolden v. StateCourt of Criminal Appeals of Texas · 1925
- Moore v. StateCourt of Criminal Appeals of Texas · 1911