Ark. Code Ann. § 5-66-112
Card games — Betting
If a person bets any money or any valuable thing on any game of brag, bluff, poker, seven-up, three-up, twenty-one, vingt-et-un, thirteen cards, the odd trick, forty-five, whist, or at any other game of cards known by any name now known to the law or with any other or new name or without any name, upon conviction he or she is guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).
History. Rev. Stat., ch. 44, div. 6, art. 3, § 8; C. & M. Dig., § 2639; Pope's Dig., § 3329; A.S.A. 1947, § 41-3261; Acts 2009, No. 748, § 35.
Amendments. The 2009 amendment inserted “is guilty of a violation and” and made minor stylistic changes.
Case Notes
Acts Constituting Offense.
Parties who play at cards under an agreement that the beaten party shall treat the others to cigars are guilty of gaming under this section. State v. Wade, 43 Ark. 77 (1884).
Evidence.
A participant in the game is a competent witness. Robinson v. State, 41 Ark. 400 (1883).
In a prosecution for gaming by playing poker, the sheriff's testimony as to the similarity as to arrangement and equipment in the boat where the raid took place and other poker games which he had raided was held admissible. Honea v. State, 176 Ark. 640, 3 S.W.2d 679 (1928).
Indictment.
An indictment for gaming need not allege the names of the parties playing the game if known, nor the grand jury's ignorance of their names if not known. Goodman v. State, 41 Ark. 228 (1883).
Separate Offense.
Proof of violating this section will not sustain an indictment under § 5-66-104. Tully v. State, 88 Ark. 411, 114 S.W. 920 (1908).
Cited: Hudson v. State, 173 Ark. 1169, 294 S.W. 15 (1927).