A common gaming house is a house where persons habitually resort for the purpose of gaming for money or other thing of value. Such a house is a nuisance at common law and punishable as a misdemeanor.159

A gaming house as defined by statute includes any house where persons are permitted to resort for the purpose of betting money on horse races and any-other games.160

153 McCalman vs. State, 96 Ala., 98;

Cole vs. State, 9 Tex., 42. 154 Dickey vs. State, 68 Ala., 508;

State vs. Metcalf, 65 Mo.

App., 681; Underfill's Cr.

Ev., Sec. 473. 155 Cole vs. State, 28 Tex. App., 536;

Hughes Cr. Law, Sec. 2211. 156 Soby vs. People, 134 Ill., 68;

People vs. Wade, 13 N. Y. Cr., 425. See Booth vs. People, 186

Ill., 43. 157 14 Am. and Eng. Ency. Law, 682 (2nd Ed.). 158 State vs. Henderson, 47 Ind., 127; Hughes Cr. Law, Sec.

2207. There are statutes against betting on elections. 159 1 Bouvier's Law Dictionary, 554;

1 Hawk, P. C, 75, Sec. 6.

Bookmaking and pool-selling contingent upon the result of horse races are within the terms of the statute.161

Also the keeping of a common gaming house includes athletics or other games of muscular strength as well as games of hazard and skill.162

Betting on horse races outside of the inclosure where the races are run is a violation under a statute permitting such betting within the inclosure.163