Crow v. State

• Decision Date: 01 January 1851
• Citation: 6 Tex. 334
• Parties: CROW v. THE STATE.
• Court: Texas Supreme Court

6 Tex. 334

CROW

v.THE STATE.

Supreme Court of Texas.

1851.

The plea of “guilty” to an indictment amounts to nothing more than an acknowledgment of the facts charged; and whether such facts constitute an offense is left open to be decided by the court.

An indictment does not lie under the statute for betting on a game of ten-pins or billiards. (Note 59.)

Error from Upshur. The plaintiff in error was indicted “for betting money on a game of ten-pins, which said game of ten-pins was then and there a gambling device.” He pleaded guilty, and the jury assessed the fine at ten dollars, for which and costs judgment was awarded, and the case was brought up by a writ of error.

J. C. Everett, for appellant.

Attorney General, for appellee.

LIPSCOMB, J.

The error relied on and assigned is that no offense against the law is charged in the indictment. A preliminary question is presented, growing out of the plea of the defendant in the indictment. He pleaded guilty. If this plea is equivalent to a confession of judgment in civil proceedings, it might be contended on authority that it amounts to a waiver and release of all errors. We cannot, however, regard the plea as drawing after it the same consequences as a confession of judgment in a civil suit. It is believed to amount to nothing more than the acknowledgment of the facts charged; and whether such facts constitute an offense at law is left open to be decided by the court. Again, it is not the policy of the State to enforce a judgment when no offense against law has been committed.

The indictment is founded mainly on the terms used in art. 1477, Hartley's Digest, “or at any other gambling device whatever.” These words were not contained in the statute previously in force, and it seems to have been thought pretty generally by the prosecuting attorneys on the part of the State that they are broad enough to embrace every description of gaming whatever. The correctness of this construction can best be ascertained by taking the whole section together. It is as follows: “If any person shall bet or be concerned in betting at any gaming table, bank, or banks mentioned in the preceding section of this act, or at any other gambling device whatever, such person or persons so offending, upon conviction thereof by indictment, shall be fined in any sum not less than ten nor more that fifty dollars.” It will be seen by reference to the preceding section of the law that the tables and banks mentioned therein are A B C, E D, roulette, rowley powley, rouge et noir, faro bank, and monte bank. The section goes on to proscribe and...