RICHMOND (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.

AP-WF-02-28-13 1654GMT

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