Page:Portis v. State.pdf/2

27 Ark.][T, 1782.] the court. Therefore, in order to determine that it falls within the denunciations of Sec. 1, Art. 3, Chap. 51, Gould's Digest, which denounces heavy penalties against those convicted of its violation, it should appear that the table, device, bank or machine is such as is used for gambling for money or property. The statute denounces, by name, the setting up; keeping and exhibiting, for instance, a faro bank, at which money can be lost and won. Thus a legal signification, is given to a device or table of that kind and is specifically prohibited. But not so with "keno." This only, if at all, is denounced under the general prohibition. The indictment must show that it comes under this general prohibition.

The indictment under consideration shows that the words of the statute were literally followed.

An indictment based upon a statutory offense is good if it follows the statute. People vs. Beatty, 14 Cal., 566; Spratt vs. The State, 8 Miss., 247; State vs. Ward, 9 Texas, 370; Cram vs. State, 14 Ib., 634; Reeves vs. State, 9 Ib., 447.

The demurrer was properly overruled.

Did the defendant exhibit a gambling device?

The scheme is denominated "keno," a gaming bank or gambling device, at which money or property may be won or lost. It is an invention or device of modern date, ingeniously contrived to evade the law against gaming and lotteries. The plan is thus described by the witnesses: "The keeper of the game has a globe; there are put in it ninety balls, each numbered, from one to ninety, and then there are two hundred cards, with fifteen numbers on each card, five numbers in each row; then each player buys a card which contains the fifteen numbers, for which he pays the keeper of the game fifty cents, and others, do likewise until several cards are sold; the roller, as he is called, turns the globe over and takes out one of the balls and calls out the number of such ball, and if any one of the players have a number on a card which they have purchased, corresponding to the number so called out, such player puts a check on such number on his card, and so