delivered the opinion of the court.

This is an appeal from a judgment sentencing defendant to pay a fine for unlawfully dealing in and playing a gambling game known as “21,” contrary to the general laws on the subject, and presents the same question as in State v. Bay, 53 Or. 241 (99 Pac. 939). The conclusion there reached determines the points involved here, for which reason the judgment of the court below is affirmed.

Affirmed.