Opinion
No. 22100.
Delivered May 27, 1942.
Indictment — Grand Jury.
Where the indictment in the present case was returned by the same grand jury which returned the indictment in cause No. 22096, Conklin v. State, this day decided, (page 210 of this volume) judgment is reversed and prosecution ordered dismissed for the reasons stated in the opinion in the Conklin case.
Appeal from Criminal District Court of Harris County. Hon. Frank Williford, Jr., Judge.
Appeal from conviction for exhibiting a gaming device; penalty, confinement in the penitentiary for two years.
Reversed and prosecution ordered dismissed.
The opinion states the case.
Z. Van Dobson and Percy Foreman, both of Houston, for appellant.
Spurgeon E. Bell, State's Attorney, of Austin, for the State.
Conviction is for exhibiting a gaming device, to-wit: a marble machine, for the purpose of gaming; punishment being two years in the penitentiary.
Motion was made to quash the indictment upon the same grounds as were urged in No. 22,096, E. F. Conklin v. State, this day decided. (Page 210 of this volume.)
The indictment in the present case was returned by the same grand jury which returned the indictment against Conklin. The records are the same in both cases so far as the attack upon the grand jury is concerned.
For the same reasons stated in the opinion in Conklin's case the indictment in the present case should have been quashed.
The judgment is reversed and the prosecution ordered dismissed.