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9 Tex. 370

State v. Ward

Texas Supreme Court

Decided July 1, 1853

Texas Supreme Court · decided 1853-07-01

This was an indictment for playing cards at a public placo, as follows: Tub State of Texas, \ In the District Court of Brazoria county, Fall County of Brazoria, j Term, A. D. 1831: In the name and by the authority of the State of Texas, tlie grand jurors, elected, drawii, impaneled and sworn to inquire in au(t for the body of the county of Brazoria in the State of Texas, 11~Oi1 their oath preseilt, that on the first day of August, in the year of our Loul one thousand eight…

Decided 1853-07-01

Lipscomb, J.

¶1original, would unquestionably be plimary evidence. As between the teatiatonio and land office copy, the former, on general principles, would be the l,~st evi- dence. The latter would be but secondary;

¶2and in order to its admission it would be necessary for the party offering it to coconut for the non-production of the icslimonio. But sinco the statute lies elevated the land-office copy to the same grade as the original, it is no longer seCondaly but is primary evidence, and consequently is admissible

¶3without producing or

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