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36 Tex. 285

Herron v. State

Texas Supreme Court

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

<p>Appeal from Guadalupe. Tried below before the Hon. Henry Haney.</p> <p>There is no occasion for a statement of the facts.</p>

Decided 1872-07-01

Ogden, J.

¶1The indictment in this ease charges the defendants with playing at a game with cards, in a certain house in the town of Seguin, but it fails to charge that they played, together or with each other. The court overruled a motion to quash, and the defendants were tried and convicted.

¶2Under the authority of Parker v. The State, 26 Texas, 204, and several cases of a similar character decided at this term of the court, we must hold the indictment fatally defective, and that the court erred in overruling the motion to quash. The judgment is therefore reversed and the case dismissed.

¶3Reversed and dismissed.

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