Five South Carolina poker players convicted of gambling in February — after a raid on a private home in 2006 — had their convictions overturned on appeal yesterday.
From the Post and Courier:
In a letter that supports the argument that Texas Hold ‘Em is a game of skill, not one of chance, Circuit Judge R. Markley Dennis said this week it is his opinion the state Supreme Court would likely adopt “the dominate factor test†in deciding the case.
Under the dominate factor test, Texas Hold ‘Em is not gaming or gambling, the judge wrote, which would make it illegal under state law.
He also said the law covering the play “is ambiguous and must be construed in favor of appellants.â€
The South Carolina law the judge is referring to was written in 1802.
Both sides expect the state to appeal the appeal to the SC Supreme Court.
