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51 Tex. Crim. 61

101 S.W 796

Beard v. State

Court of Criminal Appeals of Texas

Decided February 21, 1907

Court of Criminal Appeals of Texas · decided 1907-02-21

<p>Gaming—Private Residence Occupied by Family.</p> <p>Where upon trial for gaming the evidence showed that the person occupying the room in which the playing of cards occurred, formerly had lived with his wife in Missouri, from whom he was separated, and his daughters occasionally visited him in Texas, and the son between 25 and 30 years of age also occasionally visited him and stayed in his room frequently where the gaming occurred. Held, that this did not constitute a family, or a private residence occupied by a family.</p>

Cited by 1 later decisions — most recently April 1926

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1907-02-21

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¶1 ON REHEARING.

¶2 April 10, 1907.

BROOKS,

¶3 This case was affirmed at a former day of this court, and now comes before us on motion for rehearing. In collating the facts in the previous opinion, we said appellant was running the saddle shop and had a wife in Missouri; we should have stated that one W. P. Lane had the saddle shop and had some unmarried daughters in Missouri, and should have stated that appellant played the game in said room with said Lane. -We appreciate very keenly the remarks of appellant’s counsel in admonishing this court not to embarrass appellant by the statement that he had grown daughters in Missouri and a living wife in Missouri, when appellant was only twenty-five years of age and unmarried. We take pleasure both in deference to the facts, as disclosed by the record of this case, and through solicitude for the future welfare of appellant in correcting this gross misstatement of the record before us. However, we think the facts disclose that appellant is guilty, and that the place where he played and the circumstances as disclosed in the original opinion show that he was guilty, and the motion for rehearing is overruled.

¶4 Overruled.

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