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25 Tex. 654

State v. Barns

Texas Supreme Court

Decided July 1, 1860

Texas Supreme Court · decided 1860-07-01

Appear from Fannin. Tried below before Hon. W. S. Todd. The charge contained in the indictment is, that the defendant “in a certain public house did play at a game with cards upon which money was bet.”

Cited by 2 later decisions — most recently July 1908

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-01

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Roberts, J.

¶1This indictment charged that the defendant did play at a game with cards “in a certain public house.” The court sustained a motion to quash it on account of the generality *655snd vagueness in stating the place at which the playing took place. The term public house is generic in its character, and is intended by the law to include all houses made public by the occupation carried on in them, as inns, taverns, storehouses for retailing liquors, or those made public by the resort of numerous persons, or in any other way. These words are not appropriate to indicate the facts which constitute the par acular offence intended to be charged. (The State v. West, 10 Tex. R., 555; Ib., 309; Arch. C. Pl., 46—7. Wharton’s A. C. L. 366 and 86, note 1.)

¶2Judgment affirmed, .

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