Tellison v. State

• Decision Date: 29 January 1896
• Parties: TELLISON v. STATE.
• Court: Texas Court of Criminal Appeals

33 S.W. 1082

TELLISON v. STATE.

Court of Criminal Appeals of Texas.

January 29, 1896.

Appeal from Dallas county court; T. F. Nash, Judge.

Pete Tellison was convicted for keeping and exhibiting a certain gaming table and bank for the purpose of gaming, and appeals. Affirmed.

Oeland & Smith and Martin W. Littleton, for appellant. Mann Trice, for the State.

HENDERSON, J.

The appellant was tried and convicted under an indictment charging him with unlawfully keeping and exhibiting a certain gaming table and bank for the purpose of gaming. The appellant presented a plea to the jurisdiction of the court, on the ground that the order of transfer was not sufficient, in that it did not show, from the minutes of the district court, the name or nature of the offense charged against the appellant. The court overruled the plea to the jurisdiction. Appellant excepted, and assigns the action of the court as error. As we understand it, the law does not require that, when an indictment is presented into the district court, there shall be put upon the minutes of the said court the nature or name of the offense charged against a defendant. See Code Cr. Proc. arts. 415, 437; Bohannon v. State, 14 Tex. App. 271; Hasley v. State, Id. 217; Tyson v. State, Id. 388; Spear v. State, 16 Tex. App. 98; Steele v. State, 19 Tex. App. 425; De Olles v. State, 20 Tex. App. 145; Rowlett v. State, 23 Tex. App. 191, 4 S. W. 582. The motion to quash the indictment in this case was correctly overruled, and the indictment is not duplicitous, as contended. See Campbell v. State, 2 Tex. App. 187; Parker v. State, 13 Tex. App. 213; Webb v. State, 17 Tex. App. 205. The judgment of the lower court is affirmed.