Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 77
viii, 704 p. ; 22 cm.View a full description of this book.
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1875.] THE STATE V. BULLION. 77
Opinion of the court.
petitions. There was, therefore, no error in overruling
plaintiffs' exceptions to the defendant's amended answer.
AFFIRMED.
THE STATE V. M. D. BULLION.
INDICTMENT FOR PERMITTING GAMBLING.-Anl indictment which
charges that A B " did unlawfully and knowingly keep a room in
the Star Hotel to be used for gambling, and did knowingly permit
said room to be used and occupied for gambling,' charges no offense
recognized by law. (Overruling State v. Crowder, 39 Tcx., 47.)
APPEAL from Hunt. Tried below before the Hon. W.
H. Andrews.
George Clark, Attorney General, for the State.
ROBEIRTS, CHIEF JUSTICE.-The indictment charged that
the defendant " did unlawfully and knowingly keep a
room in the Star Hotel to be used for gambling, and did
knowingly permit said room to be used and occupied for
gambling."
Upon exceptions the indictment was set aside. The
word gambling, as used in this indictment, is too general,
and is not sufficient, either under the article of the code
for permitting illegal gaming, (Pas. Dig., art. 2055,) or for
renting a room or house for such a purpose. (Ib., art.
2056.)
The word gambling is not mentioned in the statute as
indicating any of the gaming that is prohibited by law.
AFFIRMED.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/85/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .