Legal Opinion

Withers v. State

Court of Appeals of Texas

Decided May 21, 1887No. 5254PublishedCited by 7 opinions

Appeal from the County Court of Denton. Tried below before the Hon. S. M. Bradley, County Judge. This appeal is from the second conviction of the appellant for keeping and exhibiting a gaming table for the purpose of gaming. On appeal from his first conviction he obtained a new trial for reasons shown in the report of the case in 21 Texas Court of Appeals Reports, page 210. ihe penalty assessed against him on his second conviction was a fine of twenty-five dollars.

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Appeal from the County Court of Denton. Tried below before the Hon. S. M. Bradley, County Judge. This appeal is from the second conviction of the appellant for keeping and exhibiting a gaming table for the purpose of gaming. On appeal from his first conviction he obtained a new trial for reasons shown in the report of the case in 21 Texas Court of Appeals Reports, page 210. ihe penalty assessed against him on his second conviction was a fine of twenty-five dollars. The opinion and head notes disclose all material facts. As will be seen, the opinion was rendered on a motion for rehearing, the…

1Opinion of the Court

Hurt, Judge.

Appellant was convicted of the offense of unlawfully keeping and exhibiting, for the purpose of gaming, a certain gaming table. There was but one witness for the State, one Burriss. It appears that appellant’s counsel requested this *397witness to inform him as to what he knew of the case. The witness refusing to give the information, counsel applied to the court to compel the witness, which the court refused to do; to which refusal an exception was taken. This was not error.

Opinion delivered May 21, 1887.

It also appears that there had been a former trial of this case, and that this…

2Cited by7 opinions

  1. Ostendorf v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. United States v. EnloeUnited States Court of Military Appeals · 1965
  3. Nicholson v. StateCourt of Criminal Appeals of Texas · 1927
  4. Noah v. L. B. Price Mercantile Co.Missouri Court of Appeals · 1921
  5. United States v. IrwinUnited States Court of Military Appeals · 1990

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