BURNETT, Justice.
This suit involves the question of whether or not the court will return to those engaged in an unlawful gambling game money taken from the participants of the game by the Sheriff and turned over to the County Court Clerk.
Shirley was jointly indicted with one Conlee on the charges of gaming and operating a gaming house. These parties plead guilty to the charge of gaming and their fines were fixed by a jury at $150 each and they were taxed...
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