Long v. State

Citations

• 22 Tex. Ct. App. 194
• 2 S.W. 541
• 1886 Tex. Crim. App. LEXIS 244

Syllabus

<p>1. Indictment—Term Defined.—The legal definition of the term “bet” is the “mutual agreement and tender of a gift of something valuable, which is to belong to the one or the other of the contending parties, according to the result of the trial of chance or skill, or both combined.” Hence, the allegation in an indictment preferred under the Act of March 5, 1881 (General Laws, Seventeenth Legislature, page 17), amendatory of Article 364 of the Penal Code, that the defendant11 bet ” at the game necessarily includes the averment that the betting was of something of value, and it was not necessary that the indictment should allege that the thing bet was something of value.</p> <p>3. Betting—Raffle.—Article 353 of the Penal Code does not inhibit raffling, unless the article raffled exceeds in value the sum of five hundred dollars. • But the Act of March 5, 1881, inhibits betting at any game played with Rice or dominoes, unless played at a private house. Under this law, a raffle for a gun of the value of seven dollars, played with dice at a saloon, is a betting within the purview of the law. Nor does it make any ■difference whether the betting or raffle be for religious, benevolent or profane purposes.</p>