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39 Tex. 48

Yepperson v. State

Texas Supreme Court

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

Tried below before the Hon. J. D. McAdoo. Peter Yepperson was fbund guilty of keeping a gaming table, called “pigeon-hole,” for the purpose of gaming,. in a public place, upon the following evidence: It was shown that the “pigeon-hole” table was licensed, and the exhibitor of the same usually charged for its use fifteen cents.

Decided 1873-07-01

Walker, J.

¶1We might, by a very elastic nse of our credulity, conclude that the gaming table here in question stood very innocently and without illegal or sinister occupation in the house of the appellant, were not the contrary proved; but the proof shows that this otherwise innocent and unobnoxious table was used to bet money on, and we are therefore of the opinion that the appellant cannot, be excused, under the somewhat ingenious and facetious “pigeon-holed case” reported in 33Texas, 331. The judgment of the District Court is affirmed.

¶2Affirmed.

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