Loraine v. State

Decided January 8, 1887

Court of Appeals of Texas · decided 1887-01-08

Tried below before the Hon. R. H. Coleman, county judge. This conviction was for keeping a disorderly house. It was had upon an indictment, the charging part of which reads as follows: “* * * That Frankie Loraine, late of said county, on the tenth day of March, in the year of our Lord, 1886, in Victoria county, Texas, did keep a disorderly house, said house being then and there kept for the purpose of public prostitution.

Decided 1887-01-08

White, Presiding Judge.

¶1We are of opinion the indictment in this case sufficiently charges the appellant with keeping a disorderly house. (Penal Code, Art. 339; Willson’s Crim. Forms, No. 218.)

¶2But we are most clearly of the further opinion that, as presented in the record, the evidence wholly fails to sustain the charge in the indictment or the judgment of conviction which has been rendered in the court below. (McElhaney v. The State, 12 Texas Ct. App., 231; see also, specially, Sara v. The State, ante, 639.)

¶3The judgment is reversed and the cause remanded.

¶4Reversed and remanded.