Opinion

Williams v. State

42 Tex. Crim. 368
60 S.W. 248
1900 Tex. Crim. App. LEXIS 142

Court: Court of Criminal Appeals of Texas
Filed: Dec 19, 1900
Status: Published
Author: Henderson
On the bench: Davidson, Henderson
Cited by: 0 cases
Authority: More cited than 1.7%

The opinion

HENDERSON, Judge

(dissenting).

I do not believe the indictment charges any offense against the laws of this State, and it is

*371

antagonistic to the views expressed by this court in the following cases: Miller v. State, 35 Texas Crim. Rep., 650 ; Burke v. State (Texas Crim. App.), 35 S. W. Rep., 659 ; White v. State, 39 Texas Crim. Rep., 269 ; Nail v. State (Texas Crim. App.), 50 S. W. Rep., 704 . I believe those decisions announce the correct rule in the construction of our statute on gaming, in thát they draw a distinction between a gaming or gambling house and a house or room commonly used for gaming, and that the rule there announced is applicable to this case, and that the decision of the majority of the court overrules those decisions.

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