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NEILL v. STATE

No. 26454.

258 S.W.2d 328 (1953)

NEILL v. STATE.

Court of Criminal Appeals of Texas.

May 27, 1953.

Attorney(s) appearing for the Case

Leonard Brown, Sr., Theo. P. Henley, Archer & San Miguel, by Van Henry Archer, San Antonio, for appellant.

Austin F. Anderson, Crim. Dist. Atty., and Richard J. Woods, Asst. Crim. Dist. Atty., San Antonio, Wesley Dice, State's Atty., of Austin, for the State.

DAVIDSON, Commissioner.

The count in the indictment upon which this conviction was predicated charged that appellant "did directly and through his agent, Martin Ebest, unlawfully keep and exhibit for the purpose of gaming, a gaming device, to-wit: a one-ball marble machine." Punishment was assessed at two years in the penitentiary.

By motion to quash, appellant challenged the sufficiency of the indictment because of the failure to allege that the one-ball...

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