121 S.W. 504 | Tex. Crim. App. | 1909
Appellant was charged by indictment in the County Court of San Saba County with unlawfully playing a game of cards in a place other than a private residence occupied by a family. He was upon his trial convicted of this offense and his punishment assessed at a fine of $10.
1. All the parties admitted that appellant engaged in a game of cards and at a house occupied by him. The evidence showed that he was not married and had never been; that he lived alone, except *9
at the time of the trial a man named Sharp was staying at his place and that he had been for a short time; that appellant was a farmer and Sharp a stonemason. This did not constitute a private residence occupied by a family. See Patterson v. State, 55 Tex.Crim. Rep.,
2. Complaint was made that the court erred in his charge to the jury in instructing them with reference to the penalty to be assessed by them for the reason that under the Act of the Thirtieth Legislature the law had been repealed and the punishment changed. The punishment was indeed changed by the Act of the Thirtieth Legislature. The offense was in no sense repealed and stands practically unchanged by the law and as it was aforetime. It is true that the penalty for this offense was changed by Act of the Thirtieth Legislature, which imposed a severer punishment for an infraction of the law than that which had theretofore existed. We have held, however, uniformly since the rendition of the decision in Manning v. State,
3. There are some other questions raised in the record, but they are not of such character as to demand attention. Believing that there was no error in the record of which appellant could complain, it is ordered that the judgment of conviction be and the same is hereby in all things affirmed.
Affirmed.
[Rehearing denied October 13, 1909.]