dissenting. I do not agree to the conclusion reached *622.by the majority in this case. The only positive evidence was to the effect that the defendant was about to engage in a game played with cards. The only witness that was present and saw the defendant and another person sitting at a table swears positively that at the time the officers made the raid, no game of cards had been played. I am of the opinion that the motion for a new trial should have been granted.