Gamble

To engage in unlawful play. To play gaipes for stakes or bet in them. It is the most apt word in the language to express these ideas; Bennett v. State, 2 Yerg. (Tenn.) 472. A gambler Is one who follows or practices games of chance or skill with the expectation and purpose of thereby winning money or other property.

Buckley v. O’Niel, 113 Masa 193, 18 Am. Rep. 466.

A common.gambler is one who furnishes facilities for gambling, or keeps or exhibits a gambling table, establishment, device, or apparatus. People V. Sponsler, 1 Dak. 291, 46 N. W. 459, citing cases. A gambling policy is a life-insurance policy taken out by one who has no insurable interest in the life of the assured. See i NstJBABLB Interest. A gambling device is any contrivance or apparatus by which it is determined who is the winner or loser in a chance or contest on which money or value is staked or risked; Portis v. State, 27 Ark. 362; State v. Grimes, 49 Minn. 443, 62 N. W. 42; and the courts look to the substance of the game and not to the name merely; Smith V. State, 17 Tex. 191. The words “or other device” in an anti-gambling statute are not too loose and vague to be the basis of an indictment; U. S. V. Speeden, 1 Cra. 0.

0. 535, Fed. Caa No. 16,366; contra; State v. Mann, 2 Or. 238.

The term does not Include implements used also for innocent amusement, as a pack of cards; State v. Hardin, 1 Kan. 474; nor is a horse-race a gambling device; State V. Lemon, 46 Mo. 375; nor the “game of cards commonly called poker”; State v. Mann, 2 Or. 238, where it was said lhat a device must be something tangible, and a game is not that but merely the result of using the device; but this ruling is criticized State V. Gltt Lee, 6 Or. 42a See 2 Whart Or. L. I 1466; Gamxno; Lotteby; Ftttvbes; Stock; Waqeb.,