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SIMONE v. STATE

No. 25769.

248 S.W.2d 938 (1952)

SIMONE v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied May 7, 1952.

Second Motion for Rehearing Denied June 4, 1952.

Attorney(s) appearing for the Case

Martin & Moore and Brewster, Pannell, Leeton & Dean, Fort Worth, for appellant.

Henry Wade, Dist. Atty., Gene Bailey, First Asst. Dist. Atty., Charles S. Potts, Asst. Dist. Atty., and George P. Blackburn, Dallas, State's Atty., Austin, for the State.

DAVIDSON, Commissioner.

The offense is keeping and exhibiting a gaming table and bank, with the minimum punishment assessed at two years in the penitentiary.

This is a companion case to Lewis v. State, Tex.Cr.App., 237 S.W.2d 293. The facts here stated supplement those therein given.

As a result of rumors that the second floor of the Suburban Club was being used for gaming purposes, peace officers of the city of...

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