Hale v. State

Court of Criminal Appeals of Texas

Hale v. State

90 S.W. 654, 49 Tex. Crim. 105, 1905 Tex. Crim. App. LEXIS 350

CourtCourt of Criminal Appeals of Texas

DecidedDecember 13, 1905

DocketNo. 3365.

StatusPublished

Cited by2 cases

This text of 90 S.W. 654 (Hale 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

Hale v. State, 90 S.W. 654, 49 Tex. Crim. 105, 1905 Tex. Crim. App. LEXIS 350 (Tex. 1905).

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Opinion

BROOKS, Judge.

Appellant was charged with playing a game of cards, and his punishment assessed at a fine of $10. There is but one question necessary to be considered in this record. The first witness for the State shows that he went to the place where the indictment alleged appellant played the game of cards, but he did not see him play any at all; that appellant was in the room, may have been sitting around the table or in the window. The sheriff testified that he saw appellant sitting around the table, and he had some cards in his hand, holding them up as if in a game. This is all the testimony. The evidence is not sufficient to support the conviction. The judgment is reversed and the cause remanded.

Reversed and remanded.

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BROOKS, Judge.

Appellant was charged with playing a game of cards, and his punishment assessed at a fine of $10. There is but one question necessary to be considered in this record. The first witness for the State shows that he went to the place where the indictment alleged appellant played the game of cards, but he did not see him play any at all; that appellant was in the room, may have been sitting around the table or in the window. The sheriff testified that he saw appellant sitting around the table, and he had some cards in his hand, holding them up as if in a game. This is all the testimony. The evidence is not sufficient to support the conviction. The judgment is reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

90 S.W. 654, 49 Tex. Crim. 105, 1905 Tex. Crim. App. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hale-v-state-texcrimapp-1905.

Opinion

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