Parker v. State
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. 0. A. Frazer. The indictment charged that 1ST. H. Wilson, John H. Harris and Ashley Parker, “did play at a certain game with cards in a certain public law office, commonly used for gaming, the same being a public place;” and in another count, that said persons “ did play,” &c., “ at a certain room connected with, and part of a certain public law office,” &c. Defendant Wilson, pleaded guilty.
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Appeal from Harrison. Tried below before the Hon. 0. A. Frazer. The indictment charged that 1ST. H. Wilson, John H. Harris and Ashley Parker, “did play at a certain game with cards in a certain public law office, commonly used for gaming, the same being a public place;” and in another count, that said persons “ did play,” &c., “ at a certain room connected with, and part of a certain public law office,” &c. Defendant Wilson, pleaded guilty. The District' Attorney entered a nol pros, as to the defendant Harris. Parker, the appellant, pleaded not guilty; and on the trial it was proven, “'that…
1Opinion of the CourtBell, J.
We are of opinion that there is no error in the judgment of the court below. The indictment is perhaps defective, and upon the authority of the case of Lewellen v. The State, 18 Tex., 538, ought to have been quashed upon proper exception, because the indictment did not distinctly allege that the three persons named in it played a game at cards with each other, nor did it clearly show that the parties were indicted for separate offences. But in the present case there was no exception taken to the indictment; there was no motion in arrest of judgment because of the insufficiency of the…
2Cases cited1 opinion
- Lewellen v. StateTexas Supreme Court · 1857
3Cited by18 opinions
- Tooke v. StateCourt of Appeals of Georgia · 1908
- Roberts v. StateCourt of Appeals of Georgia · 1908
- Landrum v. StateCourt of Criminal Appeals of Oklahoma · 1953
- State v. TincherIndiana Court of Appeals · 1898
- State v. CulpIndiana Court of Appeals · 1982
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