This indictment charges appellant *489 did unlawfully bet at a game played with cards and does not negative that the game was at a private house, nor does it charge that the game was played at any place prohibited under the statute. The indictment is fatally defective under the decision in the case of Chapman v. State, 63 Texas Crim. Rep., 494, decided at the present term of court.

The judgment is reversed and the prosecution dismissed.

Dismissed.