Prendergast v. State
Court of Criminal Appeals of Texas
.Appeal from the Criminal District Court of Galveston. Tried below before Hon. E. D. Gavin. Appeal from a conviction for establishing a lottery; penalty, .a fine of $100. The charging part of the indictment was as follows, viz: “That James Prendergast, late of the county 'aforesaid, on the 15th day of the month of December, in the year of our Lord one thousand eight hundred and ninety-eight, in the said county of Galveston, in the State of Texas, with force and arms, then…
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.Appeal from the Criminal District Court of Galveston. Tried below before Hon. E. D. Gavin. Appeal from a conviction for establishing a lottery; penalty, .a fine of $100. The charging part of the indictment was as follows, viz: “That James Prendergast, late of the county 'aforesaid, on the 15th day of the month of December, in the year of our Lord one thousand eight hundred and ninety-eight, in the said county of Galveston, in the State of Texas, with force and arms, then and there did unlawfully establish a lottery under the name and denomination of slot machine, and did then and there by…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of establishing a lottery, and his punishment assessed at a fine of $100, and he prosecutes this appeal.
Appellant moved to quash the indictment on the ground, as alleged by him, that both counts in same were duplicitous, in that it charged that appellant did unlawfully establish a lottery, etc., and did then and there, by said lottery, dispose of certain personal property, etc. The contention being, that the establishing of a lottery and disposing of property by lottery are two distinct offenses, and can not be charged in the same count. While it is…
2Cases cited4 opinions
- Stearnes v. StateTexas Supreme Court · 1858
- Willis v. StateCourt of Criminal Appeals of Texas · 1895
- Randle v. StateTexas Supreme Court · 1874
- State v. RandleTexas Supreme Court · 1874
3Cited by24 opinions
- Meyer v. StateSupreme Court of Georgia · 1900
- Cagle v. StateCourt of Criminal Appeals of Texas · 1944
- Odle v. StateCourt of Criminal Appeals of Texas · 1940
- Smith and Wright v. StateCourt of Criminal Appeals of Texas · 1929
- Ash v. StateCourt of Criminal Appeals of Texas · 1938
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