Johns v. State
| Decision Date | 17 February 1897 |
| Parties | JOHNS v. STATE. |
| Court | Texas Court of Criminal Appeals |
A. A. Kemble and Y. D. Kemble, for appellant. Mann Trice, for the State.
This case comes before us on motion for rehearing. We have examined the record carefully, and see no reason to change our opinion rendered in this case. Even if the contention of the appellant be true, that the state should be confined to the very case,— that is, the very occasion of playing cards as testified to by the witnesses before the grand jury,—yet the record fails to disclose that the game played at or near the tent on Wilcher's farm was the only game that the witness Wilcher testified about before the grand jury. And it further fails to disclose that said Wilcher was the only witness before the grand jury against the defendant for gaming. We adhere, however, to the opinion heretofore expressed by us, that the testimony of another game was admissible in evidence, and it was the duty of the appellant to have made a motion before the court requiring the state to elect upon which occurrence defendant would be prosecuted, before he can be heard to complain. The motion for a rehearing is overruled.
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