Lytle v. State

• Decision Date: 20 March 1907
• Citation: 100 S.W. 1160
• Parties: LYTLE v. STATE.
• Court: Texas Court of Criminal Appeals

100 S.W. 1160

LYTLE v. STATE.

Court of Criminal Appeals of Texas.

March 20, 1907.

Appeal from Bexar County Court; Robt. B. Green, Judge.

W. J. Lytle was convicted of unlawfully betting at a gaming table and bank, and he appeals. Affirmed.

Carlos Bee, for appellant. J. E. Yantis, Asst. Atty. Gen., for the State.

BROOKS, J.

Appellant was convicted of unlawfully betting at a gaming table and bank, and his punishment assessed at a fine of $25.

The following are all the facts proved on the trial of this case: "That in the drug store of E. Jungkind there is kept a certain machine called the `Yale Wonder Clock.' Said machine is constructed so as to display an advertisement of the goods of the proprietor, with a music attachment, and has a series of different colored lights, to wit, red, white, blue, and green; and said machine has a slot for the purpose of depositing nickels therein. When a nickel is deposited in the slot of said machine, the music plays, and one of the lights appear. The person depositing said nickel in every case receives from the machine according to the color of the light that appears, to wit: A white light, a check entitling him to at least five cents' worth of merchandise in the said drug store; in the event a red light appears, the party depositing the nickel is entitled to 10 cents' worth of merchandise; if a blue light appears, the depositor is entitled to 15 cents' worth of merchandise; and if a green light appears, the depositor is entitled to 25 cents' worth of merchandise. This machine is so regulated that the question as to which light will appear when the nickel is deposited is a matter of chance, but at no time is a nickel deposited in said machine without the depositor getting a check which will entitle him to the same amount of merchandise as would the money he had deposited; in other words, there are no blanks. The Yale Wonder Clock machine works automatically, and requires no personal supervision. That the said W. J. Lytle, on or about October 1, 1905, in Bexar county, Tex., deposited a nickel in said machine on several occasions for the purpose of securing the trade or merchandise, according to the scheme of said machine."

Acts 27th Leg. p. 267, c. 103, provides: "If any person shall keep or exhibit for the purpose of gaming, any gaming table or bank of any name or description whatever, * * * or slot machine," etc. So it appears that this statute expressly covers the kind of machine used in the game for which a...