O'Brien v. State

Citations

• 10 Tex. Ct. App. 544

Syllabus

<p>1. Gaming—Indictment — Evidence.— Indictment that charges the accused with permitting a game of cards to be played in a “ public place under his control, to wit: a beer saloon,” etc., is not supported by evidence that a game was played in a room over the saloon, but which fails to show any connection of the room with the saloon in its business or public capacity.</p> <p>2. Same.—The room in which the game is played must be shown to have the inhibited character. It is not necessary that it be in the main business room, but it must be auxiliary to, or used in connection with the business of the principal room.</p> <p>3. Same — Charge on the Court.— The charge should be confined to the kind of place named in the indictment.</p>