Borders v. State

Citations

• 24 Tex. Ct. App. 333
• 6 S.W. 532
• 1887 Tex. Crim. App. LEXIS 205

Syllabus

<p>1. Gaming.—It is no offense against the laws of this State to bet or wager at a game played with dice or dominoes át a private residence.</p> <p>2. Same—Evidence—Charge of the Court—Fact Case.—The evidence in this ease showed that the house in which the playing was done was a private residence, but that it had been frequently resorted to for the purpose of gaming. Under this evidence, the trial court instructed the jury that, if the said house was “used commonly and exclusively for the purpose of gaming, defendant would be guilty, even though the house was a private residence.” Held, that the instruction was erroneous; and that, as the evidence shows that the house was a private residence, it does not support the conviction.</p>