Opinion
No. 3028.
Decided February 22, 1905.
Gaming — Poker
Where the evidence showed that the defendant played at a game of cards known as "Poker," at a schoolhouse, the testimony supports the indictment charging defendant with unlawfully playing at a game with cards not at a private residence.
Appeal from the County Court of Hale. Tried below before Hon. W.C. Mathes.
Appeal from a conviction of unlawfully playing at a game of cards not a private residence; penalty, a fine of $10.
The opinion states the case.
No brief for appellant.
Howard Martin, Assistant Attorney-General, for the State.
Appellant was convicted of gaming, and fined $10.
Appellant insists that the evidence is not sufficient to support the information, charging the "unlawful playing of a game with cards" not at a private residence. The only witness introduced on the trial testified, "We all met around and decided to have some fun and rounded up at the schoolhouse, and had a little game of poker." Poker is defined to be a game with cards — see Webster Dictionary. We think this testimony supports the allegations of the indictment. The judgment is affirmed.
Affirmed.