Page:Portis v. State.pdf/3

362Rh on, at each call by the roller, until one of the players has five checks in a row on his card, and then he has made what they call "keno," and then the game stops. The globe, from which the balls are taken by the roller, sits upon a table, in one end of which is a drawer from which change is made by the collector, and chips, frequently issued in lieu of money, redeemable by the collector; and the person who collects the money from the parties who have bought cards, takes up the card that has "kenoed" and calls its number, and if it is pegged, its number is also called by the roller. The collector then calls out, the numbers on the card that are contained in the row that has "kenoed," and as he calls a number, the roller examines the balls that have come out, and if the numbers called out by the collector, as being on the card, correspond with the balls that are out, the collector anouncesannounces [sic] that "keno is correct," and the money that has been paid for the cards sold, is paid over to the holder of the lucky card."

Is this a gambling device? Gaming is the risking of money, between two or more persons, on a contest or chance of any kind, where one must be loser and the other gainer. Some games depend altogether upon skill, othors upon chance, and others are of a mixed nature. Billiards are an example of the first, lotteries of the second, and backgammon of the last. 2 Bouvier's Law Dic., 553.

Device is something formed by design, and has reference to something worked out for exhibition or show.

A gambling device may then be defined to be an invention to determine the question as to who wins and who loses, that risk their money on a contest or chance of any kind.

The denunciations, however, of the statutes are against banks and devices constructed for and used for gambling purposes, and not against such as are constructed and used for purposes of amusement, as chess, and backgammon, etc. It was the great evils of gaming tables and the thousand and one gambling devices that are constantly being invented to evade arid cheat the law, it was intended to suppress. These