State v. Skilbrick

Citations

• 25 Wash. 555
• 66 P. 53
• 1901 Wash. LEXIS 430

Syllabus

<p>LARCENY — OBTAINING MONEY THROUGH DISHONEST GAMBLING GAME -INSTRUCTIONS.</p> <p>In a prosecution for larceny for obtaining the money of the prosecuting witness by artifice in a game of poker, where it appeared from the evidence that the other players in the game were confederates and that they so manipulated the cards as to give such witness no chance of winning, but he was induced by one of the confederates to bet his money on his hand under the assurance that he held the winning one, all the confederates knowing what such witness had in his hand, a requested instruction was properly refused, where the court was asked to charge that if the jury found the prosecuting witness “engaged in a game of cards, and intended to bet and win or lose his money bet, as money is usually lost or won at cards, and allowed the money to be taken from the table without objection on his part, because he had lost the bet, you will find the defendant not guilty, whatever the character qf the game may have been.”</p>