delivered the opinion of the court.

Defendant was tried and convicted in the circuit court for conducting in the corporate limits of the City of North Bend a gambling game known as “faro,” contrary to the statutes, etc. This appeal presents the same legal points as determined in State v. Bay, 53 Or. 241 (99 Pac. 939), from which it follows that the judgment of the court below must be affirmed. Affirmed.