State v. Waite

The opinion of the court was delivered by

Hoch, J.:

Appellee was charged with operating a gambling device in violation of the provisions of G. S. 1935, 21-1508. The trial court sustained a motion-to quash the information on the ground that the facts stated did not constitute a public offense. The state appeals. The sole question presented is whether the particular machine or device in question is a gambling device within the statutory definition.

G. S. 1935, 21-1508, provides;

“Every person who shall set up or keep in any room where merchandise is sold or kept for sale, hotel, office, clubroom,…