Opinion · Txlaw Texas

BOOKMAN v. STATE, 99 Tex. Crim. 352 (1925)

269 S.W. 449

Type
Opinion
Court
Txlaw Texas
Jurisdiction
Txlaw
Date
1925-02-25
Topic
general

BOOKMAN v. STATE, 99 Tex. Crim. 352 (1925) 269 S.W. 449 LINK BOOKMAN v. THE STATE. No. 8658.Court of Criminal Appeals of Texas.

Citator

UpLaw has not yet analyzed BOOKMAN v. STATE, 99 Tex. Crim. 352 (1925). The absence of a flag is not a finding that it is good law.

BOOKMAN v. STATE,99 Tex. Crim. 352(1925)
269 S.W. 449
LINK BOOKMAN v. THE STATE.
No. 8658.
Court of Criminal Appeals of Texas.
Delivered February 25, 1925.
Violating Gaming Statutes — Recognizance — Insufficient.

Where the recognizance recites that appellant has been convicted of the "offense of running a gaming house" it is insufficient there being no such offense known to our law, and for that reason the appeal must be dismissed, and it is so ordered.
Appeal from the District Court of Travis County. Tried below before the Hon. Jas. R. Hamilton, Judge.

Appeal from a conviction for keeping a place for gaming with dice; penalty, two years in the penitentiary.Page 353
No brief filed for appellant.Tom Garrard,State's Attorney, andGrover C. Morris,Assistant State's Attorney, for the State.
HAWKINS, JUDGE. —
Appellant was convicted upon the charge that he did "unlawfully keep and was interested in keeping a building, room and place for the purpose of being used as a place to bet and wager money and other things of value at a game played with dice," etc.

His punishment was assessed at two years' confinement in the penitentiary.

Our attention is called to the insufficiency of the recognizance entered into by appellant for his enlargement pending appeal. It recites that appellant has been convicted of the "offense of running a gaming house." No such offense as described in the recognizance is known to our law.

Because of the error pointed out the appeal must be dismissed, and it is so ordered.Appeal dismissed.