Blewett v. State
Mississippi Supreme Court
Error to Lowndes circuit court. Harris, J. In this case there was no bet or wager on the result of any game of chance. It was a game of billiards, played in -a regularly licensed billiard saloon, and according to the rules of such saloon the loser of the game was required to pay a fee to the owner for use of the table; and this cannot amount to gaming.
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Error to Lowndes circuit court. Harris, J. In this case there was no bet or wager on the result of any game of chance. It was a game of billiards, played in -a regularly licensed billiard saloon, and according to the rules of such saloon the loser of the game was required to pay a fee to the owner for use of the table; and this cannot amount to gaming. At common law gaming houses were indictable as a public nuisance; but unless restrained by statute, ordinary -wagers, or betting, were tolerated as being for amusement or recreation. 1 Ohitty’s Cr. Law, 677; 1 Buss. Cr., 300, 406; Yanderworker…
1Opinion of the CourtEisheb, J.
This was an indictment in the circuit court of Lowndes, county, charging the defendant with playing for money, or other valuable thing, at a game of billiards.
The proof is, that the playing was at a regularly licensed table for that purpose, and'the defendant being the loser of the game, it was presumed that he paid the regular fee chargeable by the owner of the table. Supposing both facts to be true, still no offense was established against the law.
To constitute gaming, one or other of the parties must expect to profit by the game. Here neither could derive such profit, because neither was…
2Cited by5 opinions
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