State v. Morrissy

The defendant Raymond J. Morrissy appeals his conviction for commercial gambling for which he was fined $100. Morrissy was
tried by a jury and found guilty of violating sec. 945.03 (1), Stats., which provides a maximum fine of $5,000 or imprisonment
of not more than one year, or both, for whoever intentionally participates in the earnings of or operates a gambling place.
A gambling place is defined by sec. 945.01 (4) (a) as: ". . . any building . . . or any room within any of them, one of whose
principal uses is . . . making and settling bets . . . ." Morrissy was proprietor of a local or neighborhood tavern in the city of Delavan, Wisconsin. The information charged violations
of sec. 945.03 (1), Stats., on and between July 15 and August 5, 1963. The evidence showed that on July 15th there were two
poker games in the defendant's tavern, 13 players were involved, that each paid the defendant a $1 charge in exchange for
which they were provided with table, chairs, cards, chips, and as Morrissy testified "an environment which is pleasant and
warm and an atmosphere in which they can in a friendly way enjoy themselves." The $1 charge was obtained by the defendant
by giving $4 worth of chips for $5. Draw poker and five and seven-card stud were played; the average pot contained between
$10 and $15. The game started about 7 p.m., and lasted until at least 11:15 p.m.