Neal v. Commonwealth
Supreme Court of Virginia
This was a presentment against John C. Neal and four;' others, in the Corporation court of Danville, for that they did unlawfully play and bet at a game or table commonly called “bagatelle,” at the restaurant and eating house of Jerry Bichólas, a public place in said town.
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This was a presentment against John C. Neal and four;' others, in the Corporation court of Danville, for that they did unlawfully play and bet at a game or table commonly called “bagatelle,” at the restaurant and eating house of Jerry Bichólas, a public place in said town. On the trial of Neal, the Commonwealth proved that within twelve months Neal played at the game of bagatelle, and bet the sum of three dollars at the said game, at the eating house of Jerry Nicholas on Main street in the town of Danville. And then the attorney for the Commonwealth moved the court to instruct the jury as…
1Opinion of the Court
Moncure, P.
delivered the opinion of the court.
Two questions arise in this case: 1st. Whether an “ eating house” is a “public place,” in the meaning of the Code, chapter 198, § 4, p. 806, which declares that “If a free person bet or play at any such table or bank as is mentioned in the first section (that is, A 33 C or E 0 table or faro bank, or a table of the like kind); or if at any ordinary, race-field, or other public place, he play at any game, except bowls, chess, backgammon, draughts, or a licensed game, or bet on the sides of those who play, he shall be fined thirty dollars, and shall,…
2Cited by1 opinion
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