Throwing Dice — A Banking Game When — Betting on.
Where, on a trial for betting on dice, the facts show that defendant threw the dice, took all bets, stood behind the table, "was one against the many," he was a dealer and the game a banking game; and he could not be convicted of betting at his own banking game.
DAVIDSON, JUDGE.
Appellant was charged with and convicted of betting at dice at a place other than a private residence. The facts show that he threw the dice, took all bets, stood behind the table, and was "one against the many." In other words, he was the dealer; hence the game was a banking game. Bell v. State, 32 Tex. Crim. 187. He could not, therefore, be convicted for betting at his own banking game. Askey v. State, 20 Tex.Crim. App., 443. The judgment is reversed, and the cause remanded.
Reversed and Remanded.