State v. $223,405.86

(concurring in the result in case no. 1141044).

I concur in the result. I write specially to note the following.

Electronic bingo is not “bingo”, under Alabama law. Houston Cty. Econ. Dev. Auth. v. State, 168 So.3d 4 (Ala.2014); Barber v. Cornerstone Cmty. Outreach, Inc., 42 So.3d 65 (Ala.2009). Wagering in electronic bingo is thus an illegal form of gambling.20 Specifically, art. IV, § 65, of the Alabama Constitution of 1901, prohibits what it describes as “lotteries or gift enterprises”:

“The legislature shall have no power to authorize lotteries or gift enterprises for any purposes, and shall…