# McCauley v. State

> Court of Criminal Appeals of Texas · November 5, 1930 · 34 S.W.2d 613

URL: https://www.frixlaw.com/law-library/cases/5002334

## Case

- **Full name:** McCAULEY v. STATE
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 5, 1930
- **Citations:** 34 S.W.2d 613; 1930 Tex. Crim. App. LEXIS 1062
- **Precedential status:** Published
- **Opinion:** On rehearing by Hawkins
- **Judges:** Hawkins, Lattimore
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5002334

## Opinion text

On Motion for Rehearing.
HAWKINS, J.
In his motion for rehearing appellant insists that the sixth count in the indictment under which he was convicted is a substantial copy of the charging part of the indictment in Francis v. State, 90 Tex. Cr. R. 67 , 233 S. W. 974 , which was held to charge the commission *614 of a misdemeanor only. If appellant be correct, of course, this conviction could not stand, the conviction being for a felony. We think appellant misconstrues the Erancis opinion. The indictment in that case and in Deisker v. State, 89 Tex. Cr. R. 467 , 233 S. W. 978 , were drawn .under then article 572, P. C. (now article 628, P. C. (1925), and charged that accused permitted gaming in a house under his control, which offense is a misdemeanor. The indictment in the present case is drawn under combined articles 625 and 627, P. C. (1925), formerly article 559, P. C., and charges, in substance, that appellant permitted a house under his control to be used as a place for the purpose of gaming; in other words, that he permitted such house to be used as a gambling house. In Fridge v. State, 90 Tex. Cr R. 75, 233 S. W. 979 , will be found an indictment like the one in the present case and which was held to charge a felony. The Francis, Deisher, and Fridge Oases were decided at the same time. Brown v. State, 96 Tex. Cr. R. 409 , 254 S. W. 495 , 257 S. W. 891 , follows the Fridge Case. See, also, Bowman v. State (Tex. Cr. App.) 33 S.W.(2d) 439 .
The motion for rehearing is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5002334. Public record. Not legal advice.