
    SHELTON v. STATE.
    (Court of Criminal Appeals of Texas.
    March 6, 1912.)
    Gaming (§ 89) — Indictment.
    An indictment merely charging that defendant at a certain time and in a certain county unlawfully bet at a game played with cards, against the peace and dignity of the state, is insufficient.
    [Ed. Note. — For other cases, see Gaming, Cent. Dig. §§ 244-248; Dec. Dig. § 89.]
    Appeal from Hood County Court; J. P. Mahan, Judge.
    Jerry Shelton appeals from a conviction.
    Reversed, and prosecution dismissed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   DAVIDSON, P. J.

The charging part of the indictment in this case is as follows: “ * * * Jerry Shelton, on or about the 10th day of October, A. D. one thousand nine hundred and ten, and anterior to the presentment of this indictment, in the county of 1-Iood and state of Texas, did unlawfully bet at a game played with cards, against the peace and dignity of the state.” This indictment, under the authority of Chapman v. State, 140 S. W. 441, decided at the present term of court, is fatally defective.

The judgment is reversed, and the prosecution dismissed.  