There are statutes against the offense of gaming in public houses. A public house within the meaning of such statutes is not limited to houses which actually belong to the public, such as a courthouse, but to all houses to which the public is invited for business, pleasure, amusement and the like.

Of course any house to which the public does not have access is not a public house, whether owned by the public or not, such as a clubhouse accessible only to members of the club and guests,149 or a house used only as a private shop to which the public does not have access.150

But generally, statutes against gaming in public houses are liberally construed. Thus the closing of an office or public place temporarily during business hours for the purpose of gaming therein with cards will not make it a private place; it will not cease to be a public place for the transaction of business.151

But after business hours and after the place is closed to the public the house will be considered a private place.152

146 Sikes vs. State, 67 Ala., 77.

147 2 McClain Cr. Law, Sec. 1287.

148 Bobel vs. People, 173 Ill., 19;

Christopher vs. State (Tex. Cr.), 53 S.W., 852; Hughes Cr. Law, Sec. 2208.

149 Grant vs. State, 33 Tex. Cr., 527. 150 Graham vs. State, 105 Ala., 130.

151 Gomprecht vs. State, 36 Tex.

Cr., 434; Hughes Cr. Law, Sec. 2209. 152 Com.'vs. Feazle, 8 Gratt (Va.), 585; Purcell vs. Com., 41

Gratt (Va)., 679; Burdine vs.

State, 25 Ala., 60.

Unlawful gaming in a bedroom of a tavern or inn is gaming in a public place.153

The statute will reach gaming in a ferry boat although the boat was not actually engaged carrying passengers on the particular day of the unlawful game.154

So also unlawful gaming in a vacant school house is within the statute.155