Bosshard v. State

Citations

• 25 Tex. 207

Syllabus

<p>Bosshard was indicted under the 419th article of the Penal Code, which reads as follows: “If any person shall permit any game, prohibited by the provisions of this chapter to be' played in his house, or a house under his control, he shall be fined not less than $10 nor more than $100.” An indictment which charged the offense of permitting the playing of euchre and other games of cards at his grocery, being a public place, in the language of the statute, 'was sufficient, without averring that money was bet. (Penal Code, art. 411; Paschal’s Dig., Arts. 2044 to 2046, Notes 640 to 642, p. 432.)</p> <p>An indictment may be amended, by inserting the court in which it was found, since the 488th article of the Code of Criminal Procedure regards that as mere form. (Paschal’s Dig., Art. 2955, Noté 735.)</p> <p>Art. 508 of the same Code authorizes the amendment of an indictment where an exception to it merely on account of form is sustained. (Paschal’s Dig., Art. 2977.)</p> <p>It is not necessary to state anything in an indictment which need not be proved. (Code of Criminal Procedure, art. 396; Paschal’s Dig., Art. 2864, Note 721, p. 510.)</p>