
    Decided February 23, 1909.
    STATE v. NASBERG.
    [99 Pac. 940.]
    From Coos: James W. Hamilton, Judge.
    The defendant, John Nasberg, was convicted of the crime of gambling, and from a judgment of the circuit court of Coos County, sentencing him to pay a fine, he appeals.
    Affirmed.
    Submitted on briefs under the proviso of Rule 16 of the Supreme Court. 50 Or. 580.
    
      For appellant there was a brief over the names of Messrs. Guerry & Hollister and Mr. Austin S. Hammond.
    
    For the State there was a brief over the name of Mr. George M. Brown, District Attorney.
   Mr. Justice King

delivered the opinion of the court.

This is an appeal from a judgment sentencing defendant to pay a fine for unlawfully dealing in and playing a gambling game known as “21,” contrary to the general laws on the subject, and presents the same question as in State v. Bay, 53 Or. 241 (99 Pac. 939). The conclusion there reached determines the points involved here, for which reason the judgment of the court below is affirmed.

Affirmed.  