Dailey v. State

Court of Appeals of Texas

Dailey v. State

11 S.W. 636, 27 Tex. Ct. App. 569, 1889 Tex. Crim. App. LEXIS 87

Court of Appeals of Texas·Decided May 11, 1889·No. No. 6181·Published

Opinion

Willson, Judge.

This conviction is not supported by the evidence in the record. Defendant is charged in the indictment with playing cards at a public place, to wit? at Starkey’s gin. It was not proved that he played cards at said gin.

Furthermore, the indictment is bad. A gin is not one of the places or houses designated by the statute as public; wherefore it was necessary to allege in the indictment the facts which made it a public place. (Tummins v. The State, 18 Texas Ct. App., 12.)

The judgment is reversed and the prosecution is dismissed.

Reversed and dismissed.

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Willson, Judge.

This conviction is not supported by the evidence in the record. Defendant is charged in the indictment with playing cards at a public place, to wit? at Starkey’s gin. It was not proved that he played cards at said gin.

Furthermore, the indictment is bad. A gin is not one of the places or houses designated by the statute as public; wherefore it was necessary to allege in the indictment the facts which made it a public place. (Tummins v. The State, 18 Texas Ct. App., 12.)

The judgment is reversed and the prosecution is dismissed.

Reversed and dismissed.

Dailey v. State, 11 S.W. 636, 27 Tex. Ct. App. 569, 1889 Tex. Crim. App. LEXIS 87 (Tex. Ct. App. 1889).

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