Garcia v. State

Court of Criminal Appeals of Texas

Garcia v. State

179 S.W. 1172, 78 Tex. Crim. 44, 1915 Tex. Crim. App. LEXIS 178

CourtCourt of Criminal Appeals of Texas

DecidedNovember 3, 1915

DocketNo. 3778.

StatusPublished

Cited by1 cases

This text of 179 S.W. 1172 (Garcia v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garcia v. State, 179 S.W. 1172, 78 Tex. Crim. 44, 1915 Tex. Crim. App. LEXIS 178 (Tex. 1915).

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Opinion

PBENDEBGAST, PRESIDING Judge.

Appellant was convicted of gaming, and the lowest fine imposed.

The evidence, without question, is amply sufficient to sustain the conviction. Appellant contends that the evidence shows that where the gaming occurred was a private residence occupied by a family and hence the conviction can not be sustained. We think his contention is untenable. On this issue the evidence shows that appellant and several other Mexicans were caught gambling with cards in a railroad box car without wheels and set flat on the ground. The section boss testified that he and his family occupied two such ears, where they ate, slept and lived; that where these Mexicans, including appellant, were caught gambling was in another box car 250 feet distant from the cars occupied by him and his family; that all those Mexicans except one were bachelors; that one was a married man but his wife was in Mexico; that these Mexicans did their own cooking in the car occupied by them and ate their meals therein and also slept therein; that none of them ate or slept or had their meals prepared in the cars occupied by him and his family.

We had occasion in the recent cases of Stallings v. State, 75 Texas Crim. Rep., 44, 170 S. W. Rep., 159, and Sloan v. State, 75 Texas Crim. Rep., 33, id., 156, to discuss the statute and what in eontem-plaiion of our present law was a private residence occupied by a family in which card playing could be indulged without violating the law. We also cited and discussed many eases decided by this court. TJnder the statute as it now is and said decisions, we think that the car where appellant and his associates were gambling was not a private residence occupied by a family, nor was it the private residence of the section foreman and his family. See also Fondren v. State, this day decided. We think the case of Hipp v. State, cited by appellant, 45 Texas Crim. Rep., 200, is not applicable to this ease.

The judgment is affirmed. Affirmed.

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PBENDEBGAST, PRESIDING Judge.

Appellant was convicted of gaming, and the lowest fine imposed.

The evidence, without question, is amply sufficient to sustain the conviction. Appellant contends that the evidence shows that where the gaming occurred was a private residence occupied by a family and hence the conviction can not be sustained. We think his contention is untenable. On this issue the evidence shows that appellant and several other Mexicans were caught gambling with cards in a railroad box car without wheels and set flat on the ground. The section boss testified that he and his family occupied two such ears, where they ate, slept and lived; that where these Mexicans, including appellant, were caught gambling was in another box car 250 feet distant from the cars occupied by him and his family; that all those Mexicans except one were bachelors; that one was a married man but his wife was in Mexico; that these Mexicans did their own cooking in the car occupied by them and ate their meals therein and also slept therein; that none of them ate or slept or had their meals prepared in the cars occupied by him and his family.

We had occasion in the recent cases of Stallings v. State, 75 Texas Crim. Rep., 44, 170 S. W. Rep., 159, and Sloan v. State, 75 Texas Crim. Rep., 33, id., 156, to discuss the statute and what in eontem-plaiion of our present law was a private residence occupied by a family in which card playing could be indulged without violating the law. We also cited and discussed many eases decided by this court. TJnder the statute as it now is and said decisions, we think that the car where appellant and his associates were gambling was not a private residence occupied by a family, nor was it the private residence of the section foreman and his family. See also Fondren v. State, this day decided. We think the case of Hipp v. State, cited by appellant, 45 Texas Crim. Rep., 200, is not applicable to this ease.

The judgment is affirmed. Affirmed.

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Bluebook (online)

179 S.W. 1172, 78 Tex. Crim. 44, 1915 Tex. Crim. App. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-state-texcrimapp-1915.

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