
    CHAPMAN v. STATE.
    (Court of Criminal Appeals of Texas.
    Nov. 1, 1911.)
    Gaming (§ 89) — Prosecution—Indictment.
    An indictment for betting at cards, not alleging the place or nature of the place thereof, is insufficient; Pen. Code 1895, art. 379, making such betting an offense only when done at certain places.
    [Ed. Note. — For other cases, see Gaming, Cent. Dig. §§ 244-248; Dec. Dig. § 89.]
    Appeal from Gray County Court; R. E. Williams, Judge.
    Sam Chapman appeals from a conviction.
    Reversed and dismissed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases see same topic and section NUMBER in Deo. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   HARPER, J.

In this case the appellant was indicted for unlawfully betting and wagering money at a game played with cards. The indictment did not allege the place, or allege that it was a public place, or that it was a private residence occupied by a family commonly resorted to for gaming. It is no offense to bet and wager money at cards, except under the conditions named in article 379 of the Penal Code of 1895, and the motion to quash the indictment should have been sustained.

This is a companion case to Chapman v. State, 140 S. W. 441, this day decided. The indictment being in the same form as the one therein copied, this case is reversed and dismissed, for the reasons therein assigned.  