Atkinson v. State

MORRISON, Presiding Judge.

The offense is the possession of gambling paraphernalia, as denounced by Article 630, V.A.P.C.; the punishment, 90 days in jail.

*422In view of our disposition of this case, a recitation of the •facts will not be deemed necessary.

Omitting the formal parts, the indictment reads as follows: “* * * did then and there knowingly permit gambling paraphernalia to remain on premises there situate and then and there under his control.”

It will be readily apparent from an examination of the statute in question that this indictment does not charge a violation of the law because the…