Colchell v. State

Citations

• 23 Tex. Ct. App. 584
• 5 S.W. 139
• 1887 Tex. Crim. App. LEXIS 126

Syllabus

<p>Oaa'Inq—Indictment.—It is a rule of criminal pleading that “ if there be exceptions contained in the same clause of an act which creates the offense, the indictment must show negatively that the defendant, or the subject of the indictment, does not come within the exception.” The statute under which this prosecution was had denounces the playing of certain games with dice or dominoes, but excepts such games when played at a private residence. Failing to negative the exception, the indictment in this case is bad.</p>