—The indictment is founded upon art. 419 of the Penal Code. That article provides, that “if any person shall permit any game, prohibited by the provisions of this chapter, to be played in his house, or a house under his control, he shall be fined not less than $10 nor more than $100.” The indictment in the case before us charges, that the appellant did permit divers persons to play with cards, at the game of euchre and at divers other games with cards, at a house then and there kept, and under his control, for retailing spirituous, vinous, and malt liquors; the same house being a public house where people resort., The indictment clearly defines the offense which art. 419 of the Penal Code prohibits. The exception, therefore, that the indictment did not describe any offense known to the law, was properly overruled by .the court.
The court did not err in permitting the indictment to be amended for a defect of form merely, such as the insertion of the word “court” after the word “district” in the first line of the indictment. Art. 488 of the Code of Criminal Procedure expressly treats that portion of the indictment which shows in what court the indictment is presented as form, and not matter of substance. Art. 508 of the Code of Criminal Procedure authorizes the amendment of an indictment, where an exception to it merely on account of form is sustained by the court.
The exception to the indictment, because it did not
The verdict of the jury was in accordance with the evidence, and the judgment of the court below is
Affirmed.