Legal Opinion

Porter v. State

Supreme Court of Georgia

Decided January 15, 1874PublishedCited by 1 opinion

Criminal law. Gaming. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. Porter was placed on trial for the offense of gaming. He pleaded not guilty. The evidence showed that 'at the time charged in the indictment the defendant engaged in a game of “ ten cent faro.” That he had four or five “checks or chips” which he placed on a card as a bet; that these checks each represented ten cents, and would be redeemed by the dealer at that price when presented.

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Criminal law. Gaming. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. Porter was placed on trial for the offense of gaming. He pleaded not guilty. The evidence showed that 'at the time charged in the indictment the defendant engaged in a game of “ ten cent faro.” That he had four or five “checks or chips” which he placed on a card as a bet; that these checks each represented ten cents, and would be redeemed by the dealer at that price when presented. There was no testimony showing that the defendant paid any money for said checks. The jury returned a verdict of guilty. The…

1Opinion of the Court

McCay, Judge.

The statute makes gaming to consist of playing; etc., “for money or other thing of value.” Why are not “checks,” “chips,” and things of this character, just as much things of value as bank notes ? They are both of them only the representatives of value. If a check is good when presented to the banker or dealer for twenty-five cents or one dollar, according to its stipulated value, we are unable to see how it fails to come within the statute any more than if the keeper of the bank had written his formal promise to pay, or the bet. had been for as much money as the check or chip…

2Cited by1 opinion

  1. Harper v. StateCourt of Appeals of Georgia · 2003

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