Robinson v. State
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Alexander W. Terrell. The appellant was indicted, for permitting a faro bank to be exhibited in his house. The evidence establised the following facts: The defendant kept a grocery in the city of Austin, in a two-story house; he used the lower story for a bar-room, eucre-room, and billiard saloon; the rooms up stairs were used as sleeping apartments, and were accessible from the front and back streets, and from the lower rooms.
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Appeal from Travis. Tried below before the Hon. Alexander W. Terrell. The appellant was indicted, for permitting a faro bank to be exhibited in his house. The evidence establised the following facts: The defendant kept a grocery in the city of Austin, in a two-story house; he used the lower story for a bar-room, eucre-room, and billiard saloon; the rooms up stairs were used as sleeping apartments, and were accessible from the front and back streets, and from the lower rooms. During the session of the legislature, in the summer of 1856, O. H. Meroney rented of the defendant, the rooms up…
1Opinion of the CourtRoberts, J.
One objection, taken in argument, is, that the court charged upon the weight of evidence, in telling the jury, that if the defendant occupied the house, and illegal gaming was carried on there, he would be presumed to have had notice of it, unless he could show, as matter of defence, that he had no notice of it. Considering all the circumstances developed in evidence, we cannot say that this was an improper conclusion of fact, calculated to mislead the jury; and the defendant not having excepted to it, at the time of the trial, as a charge upon the weight of evidence, it is not available now,…
2Cited by5 opinions
- Oriental Investment Co. v. BarclayCourt of Appeals of Texas · 1901
- Crocker v. StateSupreme Court of Arkansas · 1886
- Doyle v. StateCourt of Criminal Appeals of Texas · 1982
- Doyle v. StateCourt of Criminal Appeals of Texas · 1982
- Strong v. StateCourt of Criminal Appeals of Texas · 1913