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KELLY v. STATE

No. 35050.

364 S.W.2d 405 (1963)

Arlenza KELLY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 20, 1963.

Attorney(s) appearing for the Case

William H. Scott, Jr., Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Erwin G. Ernst, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Presiding Judge.

The offense is keeping and exhibiting for the purpose of gaming, a policy game; the punishment, 2 years. (Art. 642c Vernon's Ann.P.C.)

Reversal is sought upon the ground that the evidence is insufficient to sustain the conviction. Closely connected with this contention is the claimed error of the trial court in refusing to charge the jury that the mere taking or accepting or placing for...

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