GARFIELD, Justice.
Following trial to the court without a jury defendant was convicted and fined $100 for keeping a gambling house in violation of section 726.1, Code 1950, I.C.A., which provides, so far as material here: "If any person * * * permit * * * any person in any house, shop, or other place under his control * * * to play at cards, dice, faro, roulette, equality, punchboard, slot machine or other game for money or other thing such offender shall be fined...
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