Hayes v. State

Hayes, the appellant, and two others were jointly indicted for being the keepers of a certain gaming apparatus, commonly called a “ trick knife,” for the purpose of wagering, winning and gaining money and articles of value thereon. He was put upon trial separately, the jury returning a verdict of guilty, and that the appellant be imprisoned, in the state-prison, for the period of one year, and that he be disfranchised for a like period. Judgment was rendered accordingly.

The question is raised, whether the acts charged constitute a felony, or only a misdemeanor.

The act of 1852 (see 2 R. S.…