Porter v. State

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Tried below before the Hon. Hardin Hart. The defendant was indicted in the District Court of Dallas county, under Article 2054 of Paschal’s Digest, for betting at faro. The case coming on to be tried, it was proved on the part of the State that sometime in the month of December, 1870, the defendant and one Henry Brown engaged in playing a game of faro—Brown dealing, and the defendant betting certain checks which among sporting men represented money.

Decided 1872-07-01

Ogden, J.

¶1The appellant was indicted and convicted for betting at a game of faro. On the trial the court charged the jury that if they found the defendant guilty, they should assess his fine at not less than one hundred, and not more than two hundred and fifty dollars. This was error. The law fixing the punishment for such offenses was amended on the 11th of May, 1871, and which amendment was in force at the time of the trial of this case. By that amendment the punishment for such offenses is fixed at not" less than ten dollars, nor more than twenty-five dollars. For the error here indicated, the judgment is reversed and the cause remanded.

¶2Reversed and remanded.