Williams v. State (159 S.W. 732, 1913)

PRENDERGAST, J.

Appellant was convicted under Pen. Code 1911, art. 559, for unlawfully and knowingly permitting premises under his control to be used as a place to bet and wager and gamble with cards, etc. His punishment was fixed at two years’ confinement in the penitentiary.

The indictment was under article 559, P. C. 1911, and correctly alleges the offense. The only question to be decided is appellant’s claim that he elected to be tried under article 572, P. C. 1911, which made the offense a misdemeanor only. This court has expressly held that the Acts of 1907, p. 108, making said offense a felony, repealed said article 572, in the case of Goolsby v. State, 159 S. W. 731, decided May 14, 1913, and Robertson v. State, 159 S. W. 713, from McLennan county, recently decided. The evidence clearly established appellant’s guilt.

Therefore the judgment will be affirmed.