—The appellant was convicted of the оffense of keeping a bawdyhouse. A bawdyhonsе is one kept for prostitution, or where prostitutes are permitted to resort or reside fоr the purpose of plying their vocation. Penal Code, Art. 496.
One of the witnesses for the State, Alice Tiller, testified to facts showing that she was a common prostitute; that she used appellant’s house for the purpose of plying her voсation, With the knowledge of appellant, аnd shared with her the money received therefоr. . This witness, according to her testimony, attendant to the business of keeping the house for apрellant during her absence. The appellаnt sought on the trial by exceptions to the cоurt’s charge, and by requested charge, the refusal of which was excepted to, to have the law of accomplice testimony, as declared in Article 801, C. C. P., applied to the testimony of this witness. The law entitled the appellant to this instruction. O’Bren v. State,
The Assistant Attorney General concedes that if the question was properly raised thе error is fatal to the conviction. We find in the record the various exceptions of the appellant to the court’s charge certified as a bill of exceptions, showing the presentation and action upon them in due time. These exceptions are in separate paragraphs, each paragraph being in itself specific, and fully complying with the statute. We think the fact that they are all containеd in one paper, the subdivisions being segregated and numbered, each sufficient in itself to advise thе trial court and this court of the complaint directed at the charge and the refusal of the special charge, does not vitiate the exception nor warrant this court in ignoring it. See Bank v. Ricketts,
The judgment is reversed and the cause remanded.
Reversed and remanded.