26 S.W. 727 (Tex.Crim.App. 1894), Polly v. State

Citation:26 S.W. 727, 33 Tex.Crim. 410
Opinion Judge:SIMPKINS, J.
Party Name:POLLY v. STATE.
Attorney:[33 Tex.Crim. 411] Croft & Croft and H. L. Stone, for appellant. R. L. Henry, Asst. Atty. Gen., for the State.
Case Date:May 26, 1894
Court:Court of Appeals of Texas, Court of Criminal Appeals of Texas
 
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Page 727

26 S.W. 727 (Tex.Crim.App. 1894)

33 Tex.Crim. 410

POLLY

v.

STATE.

Court of Criminal Appeals of Texas

May 26, 1894

Appeal from Navarro county court; John H. Rice, Judge.

Lee Polly was convicted of keeping a gambling establishment, and appeals. Reversed.

[33 Tex.Crim. 411] Croft & Croft and H. L. Stone, for appellant.

R. L. Henry, Asst. Atty. Gen., for the State.

SIMPKINS, J.

Appellant was convicted of keeping and exhibiting for the purpose of gaming a gaming table and bank, and his punishment was assessed at 10 days in jail, and $25 fine. It is unnecessary to consider the many questions raised in this record. The case must be reversed for want of testimony to sustain it. The state sought to prove its charge by two witnesses,--Sim Daniels

Page 728

and Frank Kessinger. But each of these witnesses swore on the stand that they did not remember to have seen defendant dealing faro at any time during the fall of 1892,--the date charged. They each admitted that they had made a written statement to the county attorney, in his office, on February 10, 1893, "that they had seen defendant dealing faro in the gambling rooms over Vinson's saloon all along during the fall of 1892," and that they had signed and sworn to the statement, which [33 Tex.Crim. 412] was then produced by the county attorney, and handed witness, and that said statement was true, but that they could not now (May, 1893) remember that they had ever seen defendant deal faro at the place named during the fall of 1892. A...

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