9 Tex. 42
Decided July 1, 1852
Texas Supreme Court · decided 1852-07-01
Indictment under the statute to suppress gaming. The statement of facts showed that the playing was iu a room of the same house, and adjoining the one used by the appellant for retailing- spirituous liquors. The room had been occupied generally as a private apartment by the appellant, sometimes by his hoarders, its approach being from the street. The judge charged the jury that the law applied to playing in the house and included the whole house from the cellar to the garret.
Cited in Bouvier (1914)’s definition of “Duty” · Cyclopedic (1922)’s definition of “Dwelling House”
Decided 1852-07-01
¶1Wo can perceive no error in the charge, and believe that it is fully embraced in the decision of this court in the case of MeGaffe v. The State. (4 Tex. II., 150.) In that case the language of this court is, A room is a part of a house, and there cotild be no playing in a room without its being in the house of which the room formed a part. We believe that the charge given by the District Judge was in law correct and happily expressed. The judgment is affirmed.
¶2Judgment affirmed.