Pardue v. State - 6th COA
The district attorney's advisory letter, which advised 8-liner
operators that it is a criminal offense unless all payouts for winning
are in the form of non-cash merchandise prizes, toys, or novelties,
was admissible to show the defendant's intent to participate in criminal
activity. The letter was not offered as an accurate statement of gambling law;
rather, it was offered to show the defendant chose to continue her
unlawful conduct after being advised by the district attorney it was
illegal. Her decision to continue to operate 8-liners was not dependent
on the truth of the letter.
Pardue v. State, 06-07-00112-CR .