Legal Opinion

State Ex Rel. Green v. One 5¢ Fifth Inning Base Ball MacHine

Supreme Court of Alabama

Decided May 29, 1941No. 6 Div. 806PublishedCited by 22 opinions

1Opinion of the Court

GARDNER, Chief Justice.

By this, proceeding the State seeks condemnation, as a gambling device, one 5‡ Fifth Inning Base Ball Machine, serial No. VE-3403. General Acts 1931 p. 806. Title 14, Sections 283-292, Code 1940. Upon submission of the cause for final decree on pleadings and proof the court below denied relief and dismissed the bill, and from this decree the State prosecutes this appeal.

There is no proof the machine has been used for gambling, nor that players were offered inducements by way of prizes or other awards. Defendant contends the machine is one for amusement only, in the…

2Cases cited11 opinions

  1. State Ex Rel. Wilkinson v. MurphySupreme Court of Alabama · 1939
  2. People Ex Rel. Ellison v. . LavinNew York Court of Appeals · 1904
  3. Try-Me Bottling Co. v. StateSupreme Court of Alabama · 1938
  4. Commonwealth v. PlissnerMassachusetts Supreme Judicial Court · 1936
  5. Eccles v. StoneSupreme Court of Florida · 1938

6 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. State v. WileySupreme Court of Iowa · 1942
  2. Opinion of the JusticesSupreme Court of Alabama · 2001
  3. Commonwealth v. LakeMassachusetts Supreme Judicial Court · 1944
  4. Baedaro v. CaldwellNebraska Supreme Court · 1953
  5. Pepple v. HeadrickIdaho Supreme Court · 1942

17 more not listed; retrieve them via the Exa API.

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