8 Ark. 62
Decided January 15, 1852
Supreme Court of Arkansas · decided 1852-01-15
John Horton was indicted in the Prairie Circuit Court, for betting a large sum of money, to wit: one dollar, on^ a game of cards commonly called seven-up. Defendant pleaded not guilty, and the case was submitted to a jury. The evidence was, that the defendant bet a saddle on the game, against a pistol and a dollar put up, by one George A. Eagle, who was indicted-with him.
Decided 1852-01-15
¶1delivered the opinion of the Court.
¶2In this case, the State having proceeded against the defendant for betting money, did not sustain the charge by proof that he bet property. To bet property, is a distinct offence under our statute. (Dig. p. 367, see. 8.) The court below ought to h,ave granted the motion for a new trial. Let the judgment be reversed, and the cause remanded.