pose of betting money on games of cards played therein; that money was staked on the games, and that defendant, when present, acted as banker in the games of poker: Held, that defendant was guilty, and that it was not necessary that it should be alleged or proven that the games played were games of chance, and that the fact that the apartments were used as the dwelling-house or sleeping-chamber of defendant was no defense. Black, 94–809. INDICTMENT.—An indictment under this statute is good, though it fails to state the offense was committed "unlawfully and willfully." Distinguishing State v. Simpson, 73 N. C., 269. Howe, 100-449.

Where the indictment charges the keeping of a gaming-table called a "shuffle-board," and the jury finds that defendants kept a public gamingtable called a shuffle-board, and that divers persons played thereat and bet spirituous liquors on the games, but that the games were not games of chance, but were games of skill, the verdict negatives the indictment, and defendants must be acquitted. Bishop, 30 (8 Ired.), 266.

An indictment which fails to charge that the game played was one of chance, and that it was played at a place or table where games of chance are played, will be quashed. Norwood, 94–935.

TEN-PINS.-Ten-pins is not a game of chance, and playing such game is not indictable under this statute. Gupton, 30 (8 Ired.), 271.

Sec. 366 (3720). Gaming tables destroyed by justices.

All justices of the peace, sheriffs, constables, and officers of police are hereby authorized and directed, on information made to them on oath that any gaming table prohibited to be used by this chapter is in the possession or use of any person within the limits of their jurisdiction, to destroy the same by every means in their power; and they shall call to their aid all the good citizens of the county, if necessary, to effect their destruction.

Code, s. 1049; R. C., c. 34, s. 74; 1791, c. 336; 1798, c. 502, s. 2.

Sec. 367 (3721). Gambling; justices and other officers to summon wit

nesses.

All justices of the peace, intendants and magistrates of police, mayors of towns, and judges of the supreme or superior court, who shall have good reason to believe that any person within their jurisdiction has knowledge of the existence and establishment of any faro-bank or faro-table, or gang tables, prohibited by this chapter, or place where intoxicating liquors are sold contrary to law, in any town or county within their several jurisdictions, and such person not being minded to make voluntary information thereof on oath, then it shall be lawful for such justice of the peace, intendant and magistrate of police, mayor of town, or judge of supreme or superior court, to issue to the sheriff of the county, or any constable of the town or township in which said faro-bank or faro-table, or gaming table or tables, or place where intoxicating liquors are sold contrary to law, are supposed to be, a subpoena, capias ad testificandum, or summons in writing, com

manding such person to appear immediately before said justice of the peace, intendant or magistrate of police, mayor or judge, and give evidence on oath as to what he may know touching the exist ence, establishment and whereabouts of said gaming table or tables, faro-bank or faro-table, or places where intoxicating liquors are sold contrary to law, and the names and personal description of the keepers thereof; and such evidence when obtained shall be considered and held in law as an information on oath, and said justice, intendant, magistrate, mayor or judge, may thereupon proceed to seize and arrest said keepers and destroy said tables, or issue process therefor, in like manner as they do by authority of the preceding section.

Code, s. 1050; 1858-9, c. 34, s. 1; 1889, c. 355.

Sec. 368 (3715). Gambling.

If any person play at any game of chance at which money, property or other thing of value is bet, whether the same be in stake or not, both those who play and those who bet thereon shall be guilty of a misdemeanor.

1891, c. 29.

Note. For dealing in futures, see ss. 3823-3826.

The game known as "ten-pins," like its kindred English game of "bowls," is not a game of chance within the meaning of this statute. King, 113-631. An allegation that defendants did unlawfully and willfully play at a game of cards at which money was bet sufficiently describes a game of chance. Taylor, 111-680.

This statute does not prohibit social diversions in which the hostess offers prizes for the most successful or least successful player at card or other games, for, though the games are games of chance, the players bet nothing. DeBoy, 117-702.

This statute does not apply to the prevailing custom of "shooting for beef," and other similar trials of skill, for which the participant pays for the "chance" or privilege of shooting, there being no chance in the sense of the acts against gambling. DeBoy, 117–702.

One who gets up a raffle or throws dice for those who engage in it is liable as a principal. DeBoy, 117—702.

Where several parties each put up a piece of money and then decide, by throwing dice, who shall have the aggregate sum or "pool," the game is one of chance, and the fact that the aggregate sum is exchanged for a turkey and the transaction is denominated a "raffle" does not change the character of the game. DeBoy, 117-702.

An infant under fourteen years of age, who played at a game of chance called "shooting craps," well-knowing the difference between right and wrong, but who did not know the act was unlawful, is not indictable for gambling. Yeargan, 117-706.

The state can not be required to elect because the bill contains two count, one for keeping a gaming-house, and the other for playing cards therein. Morgan, 13-746.

It is not necessary that the game should be played by ordinary cards; any other means or devices will do as well as cards. Morgan, 133-745.

It is not necessary to charge in an indictment for keeping a gaming-house that the games were games of chance. Morgan, 133–744.

It is not a misjoinder to charge keeping and maintaining a gaming-house and playing cards for money. Morgan, 133-743.

The use of the word "gaming" is sufficient in an indictment for keeping a common gaming-house. Morgan, 133-743.

Sec. 369 (1637). Persons testifying in gambling not prosecuted.

No person shall be excused, on any prosecution, from testifying touching any unlawful gaming done by himself or others; but no discovery, made by the witness upon such examination, shall be used against him, in any penal or criminal prosecution, and he shall be altogether pardoned of the offense so done, or participated in by him.

Code, s. 1215; R. C., c. 35, s. 50.

Note. See s. 1688.

The foregoing section, requiring a witness to testify touching any unlawful gaming done by himself or others, is not unconstitutional, by reason of the fifth amendment to the constitution of the United States or article 1, section 2, of the constitution of North Carolina, for reason that the said statute grants a pardon to the witness. Briggs, 135-118.

A witness may be compelled to testify, although his answer criminate himself, he being pardoned by the statute. Morgan, 133–743.

The privilege of refusing to answer incriminating questions is personal to the witness, and can be claimed by him only. Morgan, 133–743.

Sec. 370 (3716). Gambling; allowing, in house where liquor sold; duty of police officers; penalty.

If any keeper of an ordinary, or house of entertainment, or of a house wherein liquors are retailed, shall knowingly suffer any game, at which money or property, or anything of value, is bet, whether the same be in stake or not, to be played in any such house, or in any part of the premises occupied therewith; or shall furnish persons so playing or betting either on said premises or elsewhere with drink or other thing for their comfort or subsistence during the time of play, he shall be guilty of a misdemeanor, and fined not less than five hundred dollars, and be imprisoned not less than six months. Any person who shall be convicted under this section shall, upon such conviction, forfeit his license to do any of the business mentioned in this section, and shall be forever debarred from doing any of the said business in this state, and the court shall embody in its judgment that such person has forfeited his said license, and no board of county commissioners, board of town commissioners or board of aldermen shall hereafter

have power or authority to grant to such convicted person or his agent a license to do any of the business mentioned herein. It shall be the duty of every police officer of the cities, towns and villages of this state to make diligent inquiry and to exercise constant watchfulness to discover whether any of the offenses enumerated in said section are being committed, and to report once a week under oath to the mayor or other chief officer of his city, town or village, whether such offenses are being committed, and all the facts within his knowledge, or of which he has information relating thereto, and if any such police officer shall know or have information that such offenses are being committed and shall fail or neglect to report the same to such mayor or chief officer, together with all the information known to him, as to the person or persons committing the same, the time and place of the commission and the names of the witnesses thereto, he shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, or both, in the discretion of the court and shall forfeit his office. And it shall be the duty of such mayor or chief officer to require the said report herein provided for, and to require that the same shall be verified by the oath of such policeman, and if it appear upon such reports that any of the said offenses have been committed, it shall be the duty of such mayor or chief officer to issue his warrant for the arrest of the offender. Any such mayor or chief officer of any of the said cities, towns, or villages who shall fail or neglect to require the reports herein mentioned, or shall fail or neglect to require of such police officer to verify the same upon oath, or who shall refuse or neglect upon its appearing from such reports that there is probable cause to believe that any of the said offenses have been committed to issue his warrant for the arrest of the offender, shall be guilty of a misdemeanor. Any person committing any of the offenses mentioned in this section shall be liable to a penalty of five hundred dollars, to be recovered by suit in the superior court in the county in which such offense may have been committed, one-half thereof to the use of the person bringing said suit, and one-half to the school fund of the county.

Code, s. 1043; 1901, c. 753; R. C., c. 34, s. 76; 1799, c. 526; 1801, c. 581; 1831, c. 26.

Gambling in a house where liquors are retailed is indictable, whether such retailing be with or without license. Hawkins, 91-626.

The fact that the liquor dealer had no license to sell is no defense. Terry, 20 (4 D. & B.), 185.

BETTING MUST BE CHARGED.—An indictment charging that defendants “unlawfully did play at a game of cards" without charging that they bet on the game, is defective. Brannen, 53 (8 Jones), 208.

PUNISHMENT.—Punishment by a fine of $2,000 and imprisonment for thirty days for keeping a gambling-house in a building where liquors are retailed, is not excessive. Miller, 94-905.

Part of House Not Under LANDLORD'S CONTROL.—A tavern-keeper can not be convicted under this statute, where it appears that the room in which the game took place was a part of the house which had been let by the month for a shoe-shop, and was not under the control of the landlord. Keisler, 51 (6 Jones), 73.

The place of gaming and the place of retailing must be the same house. Black, 31 (9 Ired.), 378.

Sec. 371 (3722). Gambling; money to be seized.

All moneys, or other property or thing of value exhibited for the purpose of alluring persons to bet on any game, shall be liable to be seized by any justice of the peace, or by any person acting under his warrant. And the moneys or other property or thing which shall be so seized, shall belong one-half to the person seizing them, and the other half to the use of the poor.

Code, s. 1051; R. C., c. 34, s. 77; 1798, c. 502, s. 3.

Sec. 372 (3723). Gaming tables; opposing destruction of.

If any person shall oppose the destruction of any prohibited gaming table, or the seizure of any moneys, property, or other thing staked on forbidden games, or shall take and carry away the same or any part thereof after seizure, he shall forfeit and pay to the person so opposed one thousand dollars, for the use of the state and the person so opposed; and shall, moreover, be guilty of a misdemeanor.

Code, s. 1052; R. C., c. 34, s. 78; 1798, c. 502, s. 4.

Sec. 373 (1688). Players and bettors competent witnesses.

No person shall be excused or incapacitated from confessing or testifying touching any money or property, or thing in action, so wagered, bet or staked, or lent for such purpose, by reason of his having won, played, bet or staked upon any game, lot or chance, casualty, or unknown or contingent event aforesaid; but the confession or testimony of such person shall not be used against him, in any criminal prosecution, on account of such betting, wagering or staking.

Code, s. 2843; R. C., c. 51, s. 3.

Note. See s. 1637.

Sec. 374 (3384). Betting on elections.

If any person shall bet or wager any money or other thing of value upon any election held in this state he shall be guilty of a misdemeanor.

1901, c. 89, s. 55.