
    EATON v. STATE.
    (No. 3292.)
    (Court of Criminal Appeals of Texas.
    Oct. 28, 1914.)
    Appeal from Rains County Court; J. B. Allred, Judge. Acquilla Eaton was convicted of playing cards at a place other than a private residence, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was convicted of playing cards at a place a residence. W. E. Bevers, a deputy sheriff, testified that he was informed that a game of cards was being played out in the woods, where appellant and some others were cutting wood; that he went to this place and found his information to be true; that he watched the game long enough to see one hand played and another dealt; that he saw appellant pick up the cards when dealt; and that when he arrested the participants appellant had cards in his hands. Appellant’s testimony is that a game was being played, but by others; that he did not engage in the game. There is but one bill of exceptions in the record, and that complains of the action of the court in refusing to- give a special charge requested. As the charge of the court required the jury to find affirmatively beyond a reasonable doubt that appellant did play at a game of cards, the refusal of the special charge presents no error. The judgment is affirmed.  