
    James H. Walker v. The Commonwealth.
    Gaming — What Is a Public Place. — What is a public place, or place of public resort, under the gaining' Law ?
    In this Case, which was an application for a Writ of Error to a judgment of the Superior Court of Greensville, the following facts appeared:
    “The Defendant had played at whist, and probably other games, in an old house located on the public square attached to the Court-house of Greensville county, and belonging still to the public, which was originally built for a jail, and had been used by the county of Greensville for that purpose, until a new jail, two or three years ago, was erected, and received by the Court of the said county: since *which time, the said county, or the public, has made no use of it, but removed from it all the locks, bars, and other permanent, or valuable materials, and fastenings ; since which time, it has remained with the door open, and occasionally occupied by guards summoned by the Jailor to guard prisoners confined in the new jail: that in the said house, nothing was kept for sale, nor any public business transacted, but was accessible to one citizen as well as another, and that the guard and others did assemble on various occasions, when the games as aforesaid were played, the parties betting small sums, not exceeding in general, one dollar, and that the Defendant had betted not exceeding half a dollar a corner.” On this state of facts, the Court instructed the jury, that the said house was a public place, within the meaning of the gaming Act, and judgment was rendered for the fine, &c.
    
      
      See monographic note on “Gaming” appended to Neal v. Com., 22 Gratt. 917.
    
   By the General Court.

Writ of Error refused.  