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37 Tex. 409

State v. Arnold

Texas Supreme Court

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

<p>Appeal from Hunt. Tried below before the Hon. W. H. Andrews.</p> <p>There is no occasion for a statement of the facts.</p>

Decided 1873-07-01

Ogden, J.

¶1The defendant below was indicted for unlaw-fully-playing at a certain game with cards, at the county jail “ in the town of Greenville, Hunt county, said jail being then “ and there a public place.” The court sustained defendant’s exceptions to the indictment, and quashed the same, because it did not allege any such facts necessary to constitute a jail a public place. In the State v. Alvey, 26 Texas, 155, the questions here presented were fully considered by this court, and the sufficiency of the indictment fully sustained.. The court, therefore, erred in sustaining the exceptions to the indictment, and the judgment is reversed and the cause remanded.

¶2Reversed and remanded.

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