RICHMOND, Va. (AP) -- The Virginia Supreme Court has declined to say whether poker is a game of skill or a game of chance.
That question was central to a dispute between the proprietor of the Poker Palace in Portsmouth and the local prosecutor. Charles Daniels, who hosted charitable Texas Hold `Em tournaments, asked a judge to declare whether the game violates the state's gambling law after he was threatened with prosecution.
The judge ruled that the gambling prohibition does cover Texas Hold `Em because the outcome of a given hand is uncertain, making it a game of chance. Daniels appealed.
The justices ruled Thursday that a court can't enjoin a possible criminal prosecution, so the judge didn't even have authority to consider the issue -- thus leaving the "skill or luck" question unanswered.