Tummins v. State
Citations
- 18 Tex. Ct. App. 13
- 1885 Tex. Crim. App. LEXIS 54
Syllabus
<p>1. Gaming—Indictment.— Appellant was convicted on an indictment which, in substance, charged him with “playing cards at a public place,” to wit: . . . “ a room which is ” occupied by one H. as a quirt shop, and which was commonly used for gaming. The time of the offense was laid as about six months prior to the findings of the indictment. Held, that the verb is referred to the time of the finding of the indictment, and not to the date of the alleged offense.</p> <p>2, Same.— A “quirt shop” is not enumerated by the Penal Code among the houses characterized as “ public ” houses, nor is it a house such as is “ commonly known as public.” Therefore, an indictment for playing cards at such a place is insufficient, unless it further alleges circumstances which constitute the place a public place. In the present case this defect was not cured by the allegation that the room was “commonly used for gaming,” without the further allegation that the room was attached to a public house.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that because adjudication of delinquency may result in juvenile's being deprived of liberty, juvenile is entitled to constitutional protections available in criminal trials
- noting that because adjudication of delinquency may result in juvenile’s being deprived of liberty, juvenile is entitled to constitutional protections available in criminal trials
- “The State may prove that the offense was committed before, on, or after the alleged date, provided the date proved is a date prior to the date of the indictment, and is within the statute of limitations.”
- The State may prove that the offense was committed before, on, or after the alleged date, provided the date proved is a date prior to the date of the indictment, and is within the statute of limitations
- The State may prove that the offense was committed before, on, or after the alleged date, provided the date proved is a date prior to the date of the indictment, and is within the statute of limitations
Source: CourtListener parenthetical corpus (CC0).
Judges: White
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