65 Tex. Crim. 488
144 S.W 1138
Court of Criminal Appeals of Texas
Decided March 6, 1912
Court of Criminal Appeals of Texas · decided 1912-03-06
<p>Gaining—Indictment.</p> <p>Where the indictment alleged that the defendant unlawfully bet at a game played with cards, and did not negative that it was at a private house .or played at a place prohibited under the' statutes, the same was fatally defective. Following Chapman v. State, 63 Texas Grim. Rep., 494.</p>
Decided 1912-03-06
¶1 This indictment charges appellant *489 did unlawfully bet at a game played with cards and does not negative that the game was at a private house, nor does it charge that the game was played at any place prohibited under the statute. The indictment is fatally defective under the decision in the case of Chapman v. State, 63 Texas Crim. Rep., 494, decided at the present term of court.
¶2 The judgment is reversed and the prosecution dismissed.
¶3 Dismissed.