Millican v. State

Decided July 1, 1860

Texas Supreme Court · decided 1860-07-01

Tried below before Hon. W. S. Todd. Indictment for playing at a game with cards. The indictment charged that the defendant “on the fourteenth day of February, in the year eighteen hundred and fifty-five, in the county aforesaid, in a certain house, the same being a public place, did play at a game with cards, upon which said game money was bet.” Filed September 12, 1856.

Cited by 2 later decisions — most recently January 1932

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-01

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Roberts, J.

¶1The indictment charges the defendant with playing at a game with cards at a certain house, the same being a public place. The defendant excepted to it upon the ground that “there is no offence specifically charged.” We think the exception well taken. Because, considering the ease with which a house that is public may be designated, the words here used are not appropriate to Indicate the facts which constitute the particular offence intended to be charged. (The State v. Barns, decided this term.)

¶2The judgment is reversed and the indictment set aside, and prosecution dismissed.

¶3Reversed and cause dismissed.