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2 Tex. Ct. App. 189

Brown v. State

Court of Appeals of Texas

Decided July 1, 1877

Court of Appeals of Texas · decided 1877-07-01

Tried below before the Hon. C. C. Cummings, County Judge. The charging clause of the information is set out in the first head-note. One witness testified that for several months the accused had lived at the Waco Tap House, in Fort Worth, Tarrant county. Witness never saw the accused do anything about the house except to take the place of his barkeeper whenever the latter went out; but never saw any one but the accused do that.

Decided 1877-07-01

White, J.

¶1The appellant was tried and convicted for keeping a disorderly house. The complaint and the information based upon it stated the offense as defined in the-Code. Pasc. Dig., Arts. 2027, 2028. The accused lived at the house and kept a bar there and the evidence certainly established a prima facie case against him, which he did not attempt to rebut. The case of Couch v. The State, 24 Texas, 559, is similar in many respects. There are no questions raised in the case which are considered well taken, or of sufficient importance to require a reversal. Most of them have frequently been passed upon and settled by the supreme court and by this court. See Cora Morris v. The State, 38 Texas, 603; Mary Sylvester v. The State, 42 *191Texas, 496; Ada Thompson v. The State, 1 Texas Ct. of App. 56, and Jennie Thompson v. The State, decided at the present term, ante, p. 82.

¶2The information charged that the offense was unlawfully committed, and, therefore, met and obviated the objection which was otherwise held good in the case of Stephanes v. The State, 21 Texas, 206.

¶3The judgment of the lower court is affirmed.

¶4Affirmed.

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