Legal Opinion

Polk v. State

Court of Criminal Appeals of Texas

Decided February 26, 1913No. 2280PublishedCited by 2 opinions

The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

The indictment contains two counts; the first charges that appellant did unlawfully and directly keep and exhibit for the purpose of gaming a policy game; the second count charges that he did unlawfully through his agents Will Johnson and Lon Geights keep and exhibit for the purpose of gaming a policy game, etc.

Motion was made to quash because the indictment charges no offense against the law: There is no such game known as a policy game, and because “policy” as it is known and has been judicially defined is not a game but is a lottery, and partakes of the true…

2Cases cited5 opinions

  1. Fry v. StateCourt of Criminal Appeals of Texas · 1896
  2. Morris v. StateCourt of Criminal Appeals of Texas · 1909
  3. Beuchert v. StateCourt of Criminal Appeals of Texas · 1897
  4. Taylor v. StateCourt of Criminal Appeals of Texas · 1893
  5. Kinney v. StateCourt of Criminal Appeals of Texas · 1905

3Cited by2 opinions

  1. State v. WyeOregon Supreme Court · 1927
  2. Cagle v. StateCourt of Criminal Appeals of Texas · 1944

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