Kraus v. City of Cleveland

By the Court.

It may be stated as a general rule that an automatic or mechanical machine which discharges tokens or slugs of a size and shape capable of being replayed into the machine, in reward for successful play, is a gambling device per se. The types of machines described in the ordinance as licensable fall within this rule.

The language in the ordinance, “whether accompanied by the return of tokens, slugs or any other evidence of the result of such operation or not,” makes the device so returning tokens or slugs licensable, though the return and the number of tokens returned and the…