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39 Tex. 47

State v. Crowder

Texas Supreme Court

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

Tried below before the Hon. W. H. Andrews. The indictment charged that James A. Crowder “unlawfully and knowingly kept a. house to be used and oc- • cupied for gambling.” Crowder excepted to the indictment, on the ground that it charged no offense known to -the law, which was sustained, and the State-appealed.

Cited by 1 later decisions — most recently October 1915

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

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Walker, J.

¶1The sufficiency of the indictment in this •case depends upon whether the word gambling may be *48substituted for the word gaming, as adjectives qualifying-the noun “house.” We think the words are equivalent in this sense, under Article 2034, Paschal’s Digest, which declares that any thing or act that would be deemed a nuisance at common law shall be indictable as a misdemeanor under the statute. This indictment is good, and the court erred in quashing it.

¶2The judgment is therefore reversed and the cause remanded.

¶3Reversed and remanded.

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