Texas hold 'em
Both the state and the defense attorneys agreed to the principal facts in the case, but agreed that the "controlling issue" was whether or not Texas hold 'em is illegal gambling under the state's criminal code. In his opinion, Judge Thomas A. James Jr. determined that the question was if Texas hold 'em is a "game of skill or a game of chance... if chance predominates Texas hold 'em is gambling. If skill predominates, it is not gambling."