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Waggoner v. the State

Court of Criminal Appeals of Texas
Jan 31, 1906
92 S.W. 38 (Tex. Crim. App. 1906)

Opinion

No. 3365.

Decided January 31, 1906.

Gaming — Private Residence — Banking Game.

Where upon trial for betting at a game, for permitting a game to be played upon defendant's premises then and there a public place, etc.; where the evidence showed that defendant occupied the house where the gaming was alleged to have taken place as a private residence, and that a good deal of playing with dice took place there, and that the game was a banking game, a conviction could not be sustained, as he was not charged with exhibiting a banking game.

Appeal from the County Court of Cooke. Tried below before Hon. J.M. Wright.

Appeal from a conviction of gaming; penalty, a fine of $25.

The opinion states the case.

Stuart Bell, for appellant.

Howard Martin, Assistant Attorney-General, for the State.


The indictment contains three counts; the first charging appellant with betting at game played with dice, not then and there being played at a private residence; and the second for permitting a game with dice to be played upon his premises or premises then and there under his control, being a public place, to wit: a place where persons resort for the purpose of gaming; and third, did unlawfully bet at a game played with dice, called craps, said game then and there being bet at by said Waggoner at a public place to wit: at a place where people resort for the purpose of gaming. It was tried before the court without a jury. Judgment was entered against him for $25. The evidence shows that appellant had rented the house and was living in it as a private residence. The facts further show that there was a good deal of playing in the house with dice, and cogently show that the game was a banking game. He was not charged with exhibiting a banking game, so that passes out of the case, and a conviction could not be had on that theory. As the evidence shows that the house was a private residence he could not be punished for playing dice, as it is not a violation of the law to play games of dice at a private residence under our statute. We deem it unnecessary to go into a discussion of the matter as the record is presented as above stated. The judgment is reversed and the cause remanded.

Reversed and remanded.


Summaries of

Waggoner v. the State

Court of Criminal Appeals of Texas
Jan 31, 1906
92 S.W. 38 (Tex. Crim. App. 1906)
Case details for

Waggoner v. the State

Case Details

Full title:JORDAN WAGGONER v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Jan 31, 1906

Citations

92 S.W. 38 (Tex. Crim. App. 1906)
92 S.W. 38