
    GEORGE v. STATE.
    (Court of Criminal Appeals of Texas.
    March 6, 1912.)
    Gaming (§ 89*) — Indictment — Place of Plating.
    An indictment charging that defendant unlawfully bet at a game of cards, but not negativing that -the game was at a private house, or charging that it was at a place prohibited under the statute, is insufScient.
    [Ed. Note. — Por other cases, see Gaming, Cent. Dig. §§ 244-248; Dec. Dig. § 89.*]
    Appeal from Hood County Court; J. P. Mahan, Judge.
    Norman George appeals from a conviction.
    Reversed, and prosecution dismissed.
    See, also, 143 S. W. 621.
    C. E. Lane, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

This indictment charges appellant 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, 140 S. W. 441, decided at the present term of court.

The judgment is reversed, and the prosecution dismissed.  