Reeves v. State

Decided July 1, 1853

Texas Supreme Court · decided 1853-07-01

Axipeal from Walker. This was an indictment for playing at a game with cards, on which money was then and there bet, in a house for retailing spirituous liquors. There was no proof that money was bet. But admitting for the present that it sufficiently appears by the proof that the three first ingredients exist in this case, (proof of tlie playing, place, and time,) j'et as to the fourth ingredient, to wit, the betting of money on the game, there is no proof whatever.

Decided 1853-07-01

Lipsoomb, J.

¶1All tlie grounds taken by the plaintiff in error have been decided against him by previous decisions of this court with the exception of one. From the statement of facts it is not shown that money was bet upon the game that was proven to have been played. The indictment contained an averment that money was bet upon the game. This is a material averment and ought to have been proven. Without proof to support this allegation the verdict in this case is unsupported by evidence, and a new trial ought to have been granted. The j udgment is reversed and the cause remanded.

¶2Reversed and remanded.