Tomberlin v. . Bachtel

The determinative question involved in this appeal is presented by defendant’s contention that the machines, about the operation and ownership of which the parties contracted, were gambling devices, and illegal, and that an acti.on to recover profits therefrom could not be maintained.

The issue on this phase of the case, submitted to the jury in the general county court, was as follows: “Was the contract sued on illegal in that it constituted a gambling transaction,' as condemned by law?” Upon this issue the judge of the county court charged as follows: “If you believe the testimony of the…