Wheelock v. State
Texas Supreme Court
Appeal from Limestone. Indictment for playing cards for money in an out-liouse where people resort. The evidence was the same as in the two preceding cases, except in the particular mentioned in the Opinion, as to the testimony of the owner of the house.
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Appeal from Limestone. Indictment for playing cards for money in an out-liouse where people resort. The evidence was the same as in the two preceding cases, except in the particular mentioned in the Opinion, as to the testimony of the owner of the house. The Court below charged the jury, that it was sufficient for the State to prove that the place where the playing took place was an unoccupied or vacant house, and that several persons were engaged in playing cards there, having gone to the place for that purpose, if the place was resorted to for gambling, or for any other purpose, by any…
1Opinion of the CourtWheeler, J.
The present differs materially from the cases heretofore decided, in this: that it was proved that there was playing at the house but on one occasion, and that no one was present or Avitnessed the playing but those concerned, that the house Avas in a retired, secluded spot, at a considerable distance from any public street or highway, and that it had not been resorted to by persons on any other occasion; in a word, the evidence excluded the supposition, or inference, that the house was resorted to by persons on any other occasion, or that there were any persons present on that occasion but…
2Cited by4 opinions
- Schepps v. City of El PasoCourt of Appeals of Texas · 1960
- Floeckinger v. StateCourt of Criminal Appeals of Texas · 1903
- Pickens v. StateSupreme Court of Alabama · 1893
- Lynn v. StateCourt of Appeals of Texas · 1889