Wolz v. State

Citations

• 33 Tex. 331

Syllabus

<p>1. The word. “ gsmirig ” has an innocent as well as a culpable signification. In the phrases “ for the purpose of gaming ” and “ used for gaming,” to be found in Article 3047, Paschal's Digest, it has a culpable sense and is synonymous with belting.</p> <p>2. By the words “ keep ” and. “ keeping,” in the same enactment, is intended a holding in readiness a table for the purpose of obtaining betters.</p> <p>3. Whenever it is evident that the keeping oí a table is not for the purpose of obtaining betters, there is no violation of the statute. A table may lawfully be kept and used tor games of recreation or amusement.</p> <p>i. See this case for a lucid exposition of the polite game of “ pigeon hole.”</p> <p>5. By Article 2052, Paschal's Digest, it is not intended that a conclusive case is established against a defendant by proof that he played, dealt or exhibited a game mentioned in the three preceding articles. Such proof makes’only a grima Jack case, which the defendant may destroy by evidence that there was nothing bet, etc.</p>