In re One Gambling Device

559 P.2d 1003, 16 Wash. App. 859, 1977 Wash. App. LEXIS 1867
CourtCourt of Appeals of Washington
DecidedJanuary 31, 1977
DocketNo. 3837-1
StatusPublished
Cited by3 cases

This text of 559 P.2d 1003 (In re One Gambling Device) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re One Gambling Device, 559 P.2d 1003, 16 Wash. App. 859, 1977 Wash. App. LEXIS 1867 (Wash. Ct. App. 1977).

Opinion

Callow, J.

This case involves the seizure of an apparently inoperable slot machine.

Larry Love was the owner of Broadway Loan in Everett, Washington, when the Snohomish County Sheriff and the Prosecuting Attorney, acting pursuant to RCW 9.46.020 and 9.46.230, seized the slot machine on the business premises. The slot machine was manufactured in 1928 and had been purchased by Love from a man who had acquired it at public auction where many similar machines were sold to the public. Mr. Love knew the machine was not operable at the time it was purchased. When it was seized, a deputy prosecuting attorney attempted to operate the device on four different occasions and found it inoperable. An agent of the Federal Bureau of Investigation also inspected the slot machine after it was seized, and informed Mr. Love that it was considered an antique and nonoperable.

[860]*860Following the seizure, the State petitioned for: an order authorizing the destruction of the slot machine. Following a hearing, the trial court entered the following findings, conclusions, and order:

Findings of Fact
I.
That the respondent, Larry A. Love, concedes that the device in question is a slot machine.
II.
That a slot machine is a gambling device as defined by RCW 9.46.020 (9).
From the foregoing findings of fact this court now makes the following
Conclusions of Law
I.
That the device in question is a gambling device as defined by RCW 9.46.020 (9).
II.
That a non-working gambling device is a subassembly or essential part of a gambling device.
III.
That the device in question is a common nuisance as defined by RCW 9.46.230 and is subject to confiscation and destruction.
Order
It is Hereby Ordered, Adjudged and Decreed that the Sheriff of Snohomish County is hereby ordered to destroy the device described herein, to-wit: one slot machine, serial number 507100.

Love appeals the decree ordering the destruction of the slot machine.

The issues raised are (a) whether the device seized is a “gambling device” under RCW 9.46.020(9), and (b) whether confiscation and destruction under RCW 9.46.230 of the slot machine is invalid as an arbitrary and unreasonable exercise of police power.

A gambling device is defined by RCW 9.46.020(9) as follows:

“Gambling device” means: (a) Any device or mechanism the operation of which a right to money, credits, deposits or other things of value may be created, in return for a consideration, as the result of the operation of [861]*861an element of chance; (b) any device or mechanism which, when operated for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof; (c) any device, mechanism, furniture, fixture, construction or installation designed primarily for use in connection with professional gambling; and (d) any subassembly or essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction or installation. . . .

State ex rel. Evans v. Brotherhood of Friends, 41 Wn.2d 133, 247 P.2d 787 (1952), held that slot machines of the usual type and variety were mechanical lotteries and that their operation or possession was illegal. See Const, art. 2, § 24; RCW 9.46. While the case involved issues not before us here, it discussed slot machines as follows, at pages 136-37:

The slot machines are mechanical devices of the usual variety, operated with coins of the United States of the denominations indicated above. A coin is inserted in a slot. The player pulls and releases a lever. This actuates three wheels or drums in the machine, causing them to revolve rapidly for a matter of seconds. A variety of symbols are imprinted or painted upon the outside surfaces of the revolving wheels or drums. The internal mechanism stops the revolving drums, and the symbols on each of the wheels line up in parallel designs or patterns, several of which are visible under a glass view-plate on the front of the machine. When certain combinations are thus lined up, the machine may return nothing, or automatically, it may award from three to eighteen coins to the player.

The deputy prosecuting attorney, describing the device seized from the appellant, stated in an affidavit:

That the device is of the type commonly referred to as a slot machine and consists of a box with viewing windows through which a combination of symbols may be seen and by which a right to money, credits, deposits or other things of value may be created, in return for a consideration, as the result of the operation of an element of chance.

The striking similarity between the description of slot ma[862]*862chines in State ex rel. Evans v. Brotherhood of Friends, supra, and that given of the device seized makes it apparent that the machine in question is the same type of gambling device as proscribed by the present statute.

In State v. Nelson, 210 Kan. 439, 442, 502 P.2d 841 (1972), it was held that the Kansas Constitution prohibited lotteries, that lotteries were comprised of three elements, (1) consideration, (2) prize, and (3) chance, and the opinion unqualifiedly stated,

A slot machine is designed and utilized as a gambling device. We held in State, ex rel., v. Myers, 152 Kan. 52, 102 P. 2d 1028, that a slot machine is a gambling device per se. Other states have found slot machines to be lotteries. (State v. Brotherhood of Friends, [Wash. 1952], 247 P. 2d 787.) The judicial council notes appended to K. S. A. 1971 Supp. 21-4302 state a “slot machine is probably the most familiar type of gambling device.”

It is immaterial, under the Washington statute, whether the slot machine was operable or inoperable, repairable or unrepairable, for there is no question but that it was primarily designed for use in connection with professional gambling and, therefore, is a prohibited gambling device.

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Cite This Page — Counsel Stack

Bluebook (online)
559 P.2d 1003, 16 Wash. App. 859, 1977 Wash. App. LEXIS 1867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-one-gambling-device-washctapp-1977.