Herron v. State
Texas Supreme Court
Herron v. State, 36 Tex. 285 (Tex. 1872)
Ogden
Herron v. State
Opinion of the Court
The indictment in this ease charges the defendants with playing at a game with cards, in a certain house in the town of Seguin, but it fails to charge that they played, together or with each other. The court overruled a motion to quash, and the defendants were tried and convicted.
Under the authority of Parker v. The State, 26 Texas, 204, and several cases of a similar character decided at this term of the court, we must hold the indictment fatally defective, and that the court erred in overruling the motion to quash. The judgment is therefore reversed and the case dismissed.
Reversed and dismissed.
Reference
- Full Case Name
- P. L. Herron and another v. State
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- A joint indictment for gaming charged the defendants with playing at a game with cards, in a certain house in the town of S., but failed to charge that they played together. Held, that the indictment was fatally defective, and the court below erred in overruling the defendant’s motion to quash.