State v. Titleman

Citations

• 30 Del. 443
• 108 A. 92
• 7 Boyce 443
• 1920 Del. LEXIS 33

Syllabus

<p>1. Gaming—Keeping poker table at residence is an Offense:</p> <p>If accused violated Rev. Code 1915, § 3568, as charged, by keeping a poker table, the fact that he kept it at his residence, at which social games may have been played, is of no consequence.</p> <p>2. Gaming—Playing social games at residence not a violation of STATUTES.</p> <p>If accused only permitted a social game of poker to be played at his residence, he would not be guilty of keeping a gaming table, in violation of Rev. Code 1915, § 3568.</p> <p>3. Gaming—To “keep” or “exhibit” table an offense.</p> <p>Rev. Code 1915, § 3568, does not prohibit gambling, but it does prohibit the keeping or exhibiting of a table for gambling purposes; “keep” or “exhibit,” as used in the statute, meaning to control, to carry on, or to display.</p> <p>4. Gaming—What constitutes keeping or exhibiting of table.</p> <p>The display or maintenance of a gambling table by one having authority over it, and the invitation or permission of the one having control over it to use the table for gambling purposes, constitutes a keeping or exhibiting, within the meaning of Rev. Code 1915, § 3568.</p> <p>5. Gaming—Keeper of table guilty though not participating in game.</p> <p>To support an indictment under Rev. Code 1915, § 3568, it is not necessary that person charged with keeping or exhibiting a table for gambling purposes should be an actual player in the game.</p>