State v. Gautney

The appellant was arrested on September 7, 1976, for carrying on or representing lottery by operating a bingo game. The appellant pled not guilty and filed a demurrer and a motion to strike the affidavit and complaint. The primary thrust of the demurrer and motion is that Title 14, § 275, Code of Alabama 1940, is unconstitutional and a denial of equal protection of the law as applied against the appellant and the game of bingo, because it is not uniformly enforced against all games of chance.

In dismissing the charges brought against the appellant on the grounds that the enforcement of the…