Angelo v. State

KRUEGER, Judge.

The conviction is for the offense of keeping and exhibiting a gaming device, to-wit, a marble machine, for the purpose of gaming. The punishment assessed is confinement in the State penitentiary for a term of two years.

The main question presented for review is the sufficiency of the evidence to justify and sustain the conviction.

The evidence adduced by the State, briefly stated, shows that on May 9, 1941, a policeman of the City of Houston went to the Hong Kow Cafe, owned and operated by W. S. Thine, and noticed a marble machine therein; that he played the machine by putting a…