298 S.W.2d 837 (Tex. 1957)
Jackson operated the Wagon Wheel Cafe. Prior to the officers' visit on April 6, 1956, there had been gambling with dice in one of the rooms of the cafe building, and on the wall near the front door of the cafe, concealed by a beer sign hanging over it, was a raise-up button that operated a light over a dice table in the gaming room.1
On or about March 23, 1956, Captain Lundy of the Dallas Police talked to Jackson about the dice game and told him to remove the switch, and he said he would.2
On April 6, 1956, officers visited the premises and found nothing going on in the room of the cafe building which had been previously used for shooting dice.3 To the rear of the cafe building they saw a light in a little house where three or four men were standing around a plywood table talking about gambling but no game was then in progress.4
About midnight the officers paid another visit to the house and arrested three men who they saw gambling with dice on the plywood table.5 Shortly after the officers entered this building the light above the table flickered. The officers investigated and traced the wire from the light to appellant's cafe building, and through the building to a bench at a front corner of the cafe where they discovered a raiseup switch which proved to be a switch whereby the one light in the house where the dice game was found could be turned on or off.6
Jackson was arrested at the cafe after the wire had been traced.7 He testified and denied that there was such wiring and equipment or that he had ever had such a warning system in or about his cafe.8 He also denied any knowledge of gambling in the cafe building or the building to the rear.9 The jury resolved these issues against him.10 The conviction resulted in a 60-day jail sentence, and Jackson appealed to the Court of Criminal Appeals of Texas.11
Whether Article 629 of the Penal Code applies to aiding in equipping a place for gaming by furnishing a warning system such as a raise-up switch and light rather than gaming implements and paraphernalia?12
We overrule this contention and hold that the statute also applies to one who aids in equipping a place where people resort for the purpose of gaming with a means whereby those engaged in gambling, or in operating or exhibiting the game, may be warned of the approach of officers, such as a blinking light to be operated by a look-out.13
Yes. The appellant contended that the statute prohibits only those who furnish or equip a gambling house with implements and paraphernalia necessary to carry on the game and who have an interest in the success of the gaming.14 The court rejected this narrow interpretation.15 The facts establish that Jackson operated the Wagon Wheel Cafe and maintained a raise-up button concealed by a beer sign that operated a light over the dice table.16
After being warned by Captain Lundy to remove the switch, the wiring was still in place on April 6, 1956, allowing the light in the rear house to be controlled from the cafe.17 This warning system equipped the place for gaming by providing an alarm mechanism.18
The statute applies to aiding in equipping the place with the warning system.19
Whether the evidence is sufficient to sustain the conviction for aiding in equipping a place where people resort for the purpose of gaming?20
The evidence is sufficient to sustain the jury's verdict and we find no reversible error.21
Yes. The officers arrested three men gambling with dice on the plywood table in the little house to the rear of the cafe.22 The light flickered, leading to the tracing of the wire to the raiseup switch under the bench in Jackson's cafe.23 Although Jackson denied the existence of the wiring and any knowledge of the gambling, the jury resolved these credibility issues against him.24
The conviction for furnishing the lighting and alarm system is therefore supported by the evidence.25
The evidence is sufficient to sustain the conviction.26