Loraine v. State

• Decision Date: 08 January 1887
• Parties: LORAINE <I>v.</I> STATE.<SMALL><SUP>1</SUP></SMALL>
• Court: Texas Court of Appeals

3 S.W. 340

LORAINE

v. STATE.¹

Court of Appeals of Texas.

January 8, 1887.

Appeal from county court, Victoria county.

The conviction was for keeping a disorderly house, and the penalty assessed was a fine of $100.

While the testimony both for the state and the defendant shows that the house at which the defendant lived was commonly reputed to be a disorderly house, there was no witness introduced upon the stand who testified that the defendant was known or regarded as the keeper of the house. One witness testified that, at times, it appeared to him that the house was under the management of the defendant, while at others it was under the management of another party.

Stayton & Kleberg and J. L. Hill, for appellant. Asst. Atty. Gen. Burts, for the State.

WHITE, P. J.

We are of opinion that the indictment in this case sufficiently charges the appellant with keeping a disorderly house. Pen. Code, art. 339; Willson, Crim. Forms, No. 218. But we are most clearly of the opinion that, as presented in the record, the evidence wholly fails to sustain the charge in the indictment, or the judgment of conviction which has been rendered in the court below. McElhaney v. State, 12 Tex. App. 231; Sara v. State, ante, 339, (present term.)

The judgment is reversed, and the cause remanded.

1. Reported by Messrs. Jackson & Jackson, official reporters of the Texas court of appeals.