
    WILLIAMS v. STATE.
    (Court of Criminal Appeals of Texas.
    June 11, 1913.)
    Gaming (§ 63) — Permitting Place to be Useb for Gambling — Statutes—Repeal— “Felony.”
    Acts 30th Leg. c. 49, Pen. Code 1911, art. 559, making the unlawful permitting of a person’s premises to be used for gambling a felony, repealed article 572 which made the offense a misdemeanor only.
    [Ed. Note. — For other cases, see Gaming, Cent. Dig. § 120; Dec. Dig. § 63.
    
    For other definitions, see Words and Phrases, vol. 3, pp. 2736-2744; vol. 8, p. 7662.]
    Appeal from District Court, Lavaca County ; M. Kennon, Judge.
    Lou Williams was convicted of unlawfully and knowingly permitting certain premises under his control to be used as a place to gamble with cards, and he appeals.
    Affirmed.
    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
    
   PRENDERGAST, J.

Appellant was convicted under Pen. Code 1911, art. 559, for unlawfully and knowingly permitting premises under his control to be used as a place to bet and wager and gamble with cards, etc. His punishment was fixed at two years’ confinement in the penitentiary.

The indictment was under article 559, P. C. 1911, and correctly alleges the offense. The only question to be decided is appellant’s claim that he elected to be tried under article 572, P. C. 1911, which made the offense a misdemeanor only. This court has expressly held that the Acts of 1907, p. 108, making said offense a felony, repealed said article 572, in the case of Goolsby v. State, 159 S. W. 731, decided May 14, 1913, and Robertson v. State, 159 S. W. 713, from McLennan county, recently decided. The evidence clearly established appellant’s guilt.

Therefore the judgment will be affirmed.  