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35 Tex. 499

State v. Stewart

Texas Supreme Court

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Error from Denton. Tried below before the Hon. C. C. Binkley. The exceptions made and sustained in the court below were that the indictment did not designate the house or place where the game was played ; that it charged no offense against the laws of the State; and that it did not apprise the defendant of the charge he was called upon to answer.

Decided 1872-07-01

Walker, J.

¶1The objections made to the indictment in this case would lie rather against the Legislature than the pleader.

¶2The indictment is drawn in close conformity to Articles 409 and 410 of the Penal Code. (Paschal’s Digest, 2044, 2045.)

¶3The judgment of the district court in quashing the indictment was erroneous. It is therefore reversed, and the cause remanded.

¶4Reversed and remanded.

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