Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
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 [1].

Source URL: http://www.tdcaa.com/node/2460

Links:
[1] http://www.6thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=9207