Alexander v. State

Zollars, C. J. —

Section 2081, R. S. 1881, provides that “ Whoever, by playing or betting at or upon any game or wagex’, or upon the result of any game, * * * either loses or wins any article of value, shall be fined,” etc. The indictment upon which appellant was convicted is based upon this statute,, and charges that he played a game of pool upon a billiard and pool table with one Koons, and thereby won from him one dollar in lawful money, etc.

The testimony is that these parties, at the time and place charged, played' several games of pool; that the proprietor of the table charged five cents…