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2 Tex. Ct. App. 82

Thompson 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 2d head-note comprises the only description of the house given in the indictment, which was filed in the district court of Tarrant county on August 21, 1876. The transcript shows the county clerk’s file-mark on the indictment as of September 1, 1876, but contains no order of transfer by the district judge, or certified copies by the district, clerk, directed by the act of August 12, 1876.

Decided 1877-07-01

Winkler, J.

¶1The objections to the indictment are not well taken. A disorderly house is defined to be one kept for the purpose of public prostitution, or as a common resort for prostitutes, vagabonds, etc. Any person who shall keep a disorderly house, either for purposes of public prostitution or for the other purposes mentioned, shall be punished by fine, not less than $100 nor more than $500. Pasc. Dig., Arts. 2027-2029.

¶2The indictment charges that the accused did unlawfully keep a disorderly house, said house then and there being kept for the purpose of public prostitution, with proper commencement and conclusion, time, place, etc.

¶3The objection raised that the case had not been properly transferred from the district court came too late after plea and a mistrial.

¶4The evidence is clear, and establishes the charge laid in the indictment. The motion for new trial was properly overruled.

¶5Affirmed.

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