Bates v. State

• Decision Date: 14 October 1903
• Parties: BATES v. STATE.
• Court: Texas Court of Criminal Appeals

76 S.W. 462

BATES v. STATE.

Court of Criminal Appeals of Texas.

October 14, 1903.

Appeal from Comanche County Court; W. C. Jackson, Judge.

Carroll Bates was convicted of keeping a disorderly house, and appeals. Reversed.

Joiner & McMillan, for appellant. Howard Martin, Asst. Atty. Gen., for the State.

HENDERSON, J.

Appellant was convicted of keeping a disorderly house, and his punishment assessed at a fine of $200; hence this appeal.

By bills of exceptions 1 and 2, appellant excepted to the charge of the court defining a disorderly house, and to the refusal of requested charges on the same subject. These charges relate to the question of tenant under the statute. The charge given is as follows: "I charge you that a tenant is one who holds or possesses lands by any kind of right, the title being in another person. One who has an occupation or temporary possession of lands or tenements, whose title is in another, and who has the actual possession, control, and management and occupancy." Appellant's requested charge was to the effect that the jury could only convict appellant as the owner, lessee, or tenant of such house, and that there was no evidence in the case showing that defendant was either the owner, lessee, or tenant of such house, and accordingly to acquit defendant. We have carefully examined the statement of facts on this subject, and, in our opinion, the evidence does not show that appellant was a tenant, in legal contemplation, of the house in question; and, without criticising the charge as given, in our opinion the judge should have instructed the jury as requested. The evidence showed that a woman by the name of Dollie Smith came to the town of Comanche. It appears that she stopped one night at the hotel in said town, and on the next evening was about to leave on the train for Brownwood, where she lived; that appellant, with others, persuaded her to stay all night, and she promised to do so, if they would get her a place to stop. It was suggested by appellant that there was a vacant room he knew of, and that he could get the key, and she could stay in there. The house in question belonged to Spencer & Co., who did a lumber business in said town, and C. W. Bryant was their manager. This was a two-story house, having one room below and one above. The lower room, by permission of Bryant, was occupied by Powers & Dodson, who were painters. The upper room was unoccupied, but had been used some time before as a bedroom by some parties. Only the door to the lower room was locked, and, with the key to this door, access could be had to the upper story. After the suggestion made as to the room, appellant, Carroll Bates, went to see if he could get a key from Powers...