Evening journal., 1913-12-31
DEAD POOL"
CHANGE GAME
JUDGE RULES
continued from First page.

Continued from First Page
game. The game, however, pro-
ceeds in such contingency until
either The rmaning playr puts in
hi, pool bah or the others do so.
If the remaining player puts bis pool
ball ia the pocket he wins the
game and il either OF the other
players put the ball in which core.
spends to the number oi the small
ball Of the other player, the game is
a draw. This draw is played off in
the next game.
The facts are practically not dis
puled The sole question IN the case
IL whether or not the game a. play
ed is game Of chance. played for
money within fine meaning OF sec
tior , chapter l5l, of volume II
Laws Of Delaware. found ON page
g6l of the Revised Code. which
reads a. follows:
Section J. That II any per
son or persons Shall keep or eN- 9
hibit a gaming table. faro bank.
sweat cloth. roulette table. or
other device under amy de-
nomination. at which cards. dice
or other game OF chance is play
el for money. or other thing of
value, or shall be a partner OF
concerned in interest IN the
keeping or exhibiting such table,
bank. sweat cloth. or other de-
vice. he, She or they shall be
deemed guilty OF a misdemea
nor. and upon conviction thereof
shall be fined not lers than one
hundred. nor more than one
thousand dollars. and in de-
fault OF the payment thereof.
shall be imprisoned for term
of not less than one month or
more than twelve months.
The state contends that the
game as played lis game Of
chance, played for money within
the spirit and intent of the fore
going statute.
however, contends that the game
is game of skill and Is not
within the puTyicw of the sta
tute.
AS ] pointed out in an opinion
in the case of the State vs. Pan
asaree. I am sitting in this case
as City Judge. and the sole jur's-
diction have In the premises
consists in the power have to
hold the accused for trial in the
Court of General Sessions. pro-
Yided the State has made out a
prima facie case.
In the Fourteenth volume OF
the American and English Ency-
clopedia OF Law. Page 6S2. I find
the following:
"The statutes in some iur-
isdictions prohibit the main
tenance of or betting upon
games of chance. The term
game OF chance has no tech
nical meaning as a legal cx-
preston. IT. must receive the
construction which persons
conyersant with games OF the
world at large give to II in
chasing the different kinds
of games, and will include
only such games as are de-
lfiUilntO 'nAlItlt VI III Roie
by lot. or mere luck. and in
which Judgment, practice.
skin, o. adroitness has hon
estly no office at all or is
thwarted by chance: thus d.
vi6ing games into two class
es. the one games of chance.
the other games Of skill. And
II seems that the question
whether a particular game IS
or Is not a game Of chance is
for the jury"
lis this game OF dead pool ;
game of chance within the mean
ing Of the statute. or IS IT, game
OF skill?
II seems from the above au
thority that the expression game
OF chance" had no technica
meaning and is 10 be construed
the same as other words used IN
statutes when applied to any par
ticular game.
In other words the question i
a question of fact to be deter
mined by a jury
The State has proven bv On'
witness that the game Is a gam'
of chance and that in my opinion
Is sufficient to make out primI
facie case.
Let the accused be held il
$4,000 bail for the next term o
the Court Of General Sessions.