Askey v. State

Citations

• 15 Tex. Ct. App. 558
• 1884 Tex. Crim. App. LEXIS 42

Syllabus

<p>1. U.MAWFULLY PLAYING CARDS—PRACTICE.—INDICTMENT charged the appellant with wilfully and unlawfully playing cards in a public place, and at a certain house for retailing spirituous liquors. The State abandoned the allegation that the playing was done in a house used for retailing liquors. Thereupon the defendant moved to quash the indictment. Held, that the motion was properly overruled.</p> <p>S. Same.—An indictment for playing cards in “a public place” is not suffi- • cient to charge the offense unless it alleges the facts which constituted the place a public place.</p> <p>8. Same—Charge of the Court.—No other proof that the place was a public place was attempted than that, some two months prior to the playing, the lower room of the building was used for the retailing of liquor. Under this state ©f facts the court charged: “If any person shall play at any game with cards at any house for retailing spirituous liquors, store house, tavern, or any other public house, or in any public street, highway or other public place or out house where people resort,” etc. Held, error, as comprising every character of place designated in article 355 of the Penal Code; and, the State having abandoned the allegation of a house where spirituous liquors were sold, the court should have confined the charge to the allegation of a “public place ”</p>