Atkinson v. State

299 S.W.2d 951, 164 Tex. Crim. 421, 1957 Tex. Crim. App. LEXIS 2137

• Court: Court of Criminal Appeals of Texas
• Decided: February 6, 1957
• Docket: 28823
• Status: Published

Opinions

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.

In 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 gravamen of the offense denounced by the statute is that the gambling equipment is “to be used for gaming purposes.” Any other interpretation of the law would make every householder who allows a deck of cards to remain in his home guilty under the act. Such was clearly not the intent of the legislature.

Attention is directed to Willson’s Criminal Forms, 6th Ed., Section 847, page 194, which cites Abraham v. State, 118 Texas Cr. Rep. 136, 39 S.W. 2d 42, and France v. State, 118 Texas Cr. Rep. 608, 39 S.W. 2d 43.

The judgment of the trial court is reversed and the prosecution ordered dismissed.