Butler v. State

Six men were jointly indicted in the superior court <of Wilkes county, for the offense of gaming. They were tried together and were all convicted, and their motions for new trial were ■overruled. The grounds of the motion in each ease were similar, ■and were the statutory grounds and one special ground, — the refusal of the court to charge the jury as follows: “The mere fact that a piece of money was on the table when a game of cards was being played, without some evidence to show that it was being bet ■or staked on the game, will not authorize a conviction.”

According to the testimony of an…