State v. Burton
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. R. A. Reeves. Indictment filed March 11th, 1859. Offence charged to have been committed on the 1st day of January, 1859. The defendant made two exceptions to the sufficiency of the indictment; the first of which is stated in the opinion, and the second was, that the indictment does not charge that the defendant bet any money, property, or other valuable thing on any game played at said faro bank.
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Appeal from Houston. Tried below before the Hon. R. A. Reeves. Indictment filed March 11th, 1859. Offence charged to have been committed on the 1st day of January, 1859. The defendant made two exceptions to the sufficiency of the indictment; the first of which is stated in the opinion, and the second was, that the indictment does not charge that the defendant bet any money, property, or other valuable thing on any game played at said faro bank. The opinion recites the whole charge against the defendant, contained in the indictment.
1Opinion of the CourtBell, J.
The indictment charges that the appellee “ did bet at a gaming bank commonly called a faro bank.” There was an exception' to the sufficiency of the indictment, because it did not *421charge that the bank at which the betting took place was kept or exhibited for the purpose of gaming. The District Court sustained the exception to the indictment; the proper judgment was rendered and the district attorney has sent the cause up to this court in order that the judgment of the District Court sustaining the exception to the indictment may be revised.
We are of opinion 'that there is error in the judgment…
2Cited by6 opinions
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- Stone v. StateCourt of Appeals of Texas · 1878
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