Waggoner v. State
| Decision Date | 31 January 1906 |
| Parties | WAGGONER v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Cooke County Court; J. M. Wright, Judge.
Jordan Waggoner was convicted of gaming, and he appeals. Reversed.
Stuart & Bell, for appellant. Howard Martin, Asst. Atty. Gen., for the State.
The indictment contains three counts: The first charging appellant with betting at game played with dice, not then and there being played at a private residence; and the second for permitting a game with dice to be played upon his premises or premises then and there under his control, being a public place, to wit, a place where persons resort for the purpose of gaming; and, third, did unlawfully bet at a game played with dice, called "craps," said game then and there being bet at by said Waggoner at a public place, to wit, at a place where people resort for the purpose of gaming. It was tried before the court without a jury. Judgment was entered against him for $25. The evidence shows that appellant had rented the house, and was living in it as a private residence. The facts further show that there was a good deal of playing in the house with dice, and cogently shows that the game was a banking game. He was not charged with exhibiting a banking game, so that passes out of the case, and a conviction could not be had on that theory. As the evidence shows that the house was a private residence, he could not be punished for playing dice, as it is not a violation of the law to play games of dice at a private residence under our statute. We deem it unnecessary to go into a discussion of the matter as the record is presented as above stated.
The judgment is reversed, and the cause remanded.
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