delivered the opinion of the court.

These defendants were tried in the circuit court under an indictment charging them with unlawfully playing a gambling game known as “Klondike,” and they, having been convicted and sentenced to pay a fine, appeal. The same legal problem is presented here as in State V. Bay, 53 Or. 241 (99 Pac. 939), making an affirmance necessary; and it is so ordered. Affirmed.