{
  "id": 1872435,
  "name": "Ansley v. The State",
  "name_abbreviation": "Ansley v. State",
  "decision_date": "1880-11",
  "docket_number": "",
  "first_page": "67",
  "last_page": "69",
  "citations": [
    {
      "type": "official",
      "cite": "36 Ark. 67"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.449,
    "pagerank": {
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    "sha256": "6d2ad0729d5153f5dd0ab5480ebbd96e43d26a633db8e1bcf8f238f604507104",
    "simhash": "1:abcbf1c24862e2a0",
    "word_count": 516
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  "last_updated": "2023-07-14T15:05:42.990471+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ansley v. The State."
    ],
    "opinions": [
      {
        "text": "Harrison, J.\nThe appellant, a licensed keeper of a dram-shop, was indicted for permitting games of cards to be played in it.\nThere was no proof that anything was bet upon the games, but the evidence was that they were played for amusement.\nBeing convicted, he moved for a new trial, upon the ground that the verdict was not warranted by the evidence, which was refused.\nSection 1594, Gantt\u2019s Digest, under which the indictment was found, is as follows:\n\u201cIf any person having a license to keep a tavern or dram-shop, shall knowingly permit any person to play at any game of cards, dice, or other gaming device, within his house, outhouse, curtilage or inclosure, he shall be deemed guilty of a misdemeanor, and on conviction, in addition to the punishment prescribed by law for such offenses, his license shall be canceled.\u201d\nBouvier defines gaming to be \u201ca contract between two or more persons, by which they agree to play by certain rules at cards, dice, or other contrivances, and that one shall be the loser and the other the winner.\u201d Bishop says: \u201cAnd even the word gaining, without the prefix unlawful, seems usually to imply something of an unlawful nature, by betting on the sport: being, indeed, ordinarily an ingredient in its signification; or a game of an evil or immoral tendency.\u201d And so in England, where a tavern license contained the provision that the party licensed \u201c do not knowingly suffer any unlawful games, or any gaming whatsoever, on the premises,\u201d the court held the provision not to be infringed by allowing dominoes to be played there. Said Lord Campbell, C. J.: \u201c Parties may play at a game which is not in itself unlawful, without gaming.\u201d And he added: \u201cIf money is staked it is gaming, and a publican may be lawfully convicted for that; but this conviction does not state that such was the case.\u201d Bish. Stat. Crimes, sec. 860. \u201c To constitute gaming,\u201d said Judge Green, in The State v. Smith, Meigs, 99, \u201c there must not only be betting upon the determination of an event, but the course of action to bring about such event must have been originated and commenced with a view to determine the bet.\u201d Harrison v. The State, 4 Cald., 195; Regina v. Ashton, 16 Eng. L. & Eq., 346.\nThe intention of the legislature was, we think, to prevent the playing of games for money, or other stake, in taverns and dram-shops, and to suppress the pernicious vice of gambling \u2014 and not to prohibit the playing in such places, of games merely for recreation or amusement.\nA new trial should have been granted.\nThe judgment is reversed, and the cause remanded.",
        "type": "majority",
        "author": "Harrison, J."
      }
    ],
    "attorneys": [
      "Williams <f Battle, for appellant.",
      "Moore, Attorney General, contra."
    ],
    "corrections": "",
    "head_matter": "Ansley v. The State.\nStatute Construed : Gaming at dram-shops.\nThe statute (see. 1594 Gantt\u2019s Digest) does not prohibit the playing of games for amusement or recreation at taverns or dram-shops.\nAPPEAL from Howard Circuit Court.\nHon. H, B. Stuart, Circuit Judge.\nWilliams <f Battle, for appellant.\nStatutes nowhere prohibit playing cards for amusement, save on the Sabbath. Gantt\u2019s Digest, 1557 to 1570 and 1564, 1621.\nMoore, Attorney General, contra."
  },
  "file_name": "0067-01",
  "first_page_order": 65,
  "last_page_order": 67
}