LARIS ENTERPRISES, INC. APPEAL

Criminal Law — Gambling — Forfeiture of gambling appliances — Appliances illegal per se — Pinball machines — "In line" bingo type — Combination of slot machine and pinball machine — Operation entirely by chance — Automatic coin-apportioning device — Device increasing or decreasing chance of winning — Brevity of time of play — Act of March 31, 1860, P.L. 382, § 60.

In a proceeding in rem under the Act of March 31, 1860, P.L. 382, § 60, for the forfeiture and destruction of three pinball machines, two of them of the "in line" bingo type, and the other a combination of a slot machine and a pinball machine, as gambling devices per se, in which it appeared, inter alia, that all of the machines in question operated entirely by chance, and there was no element of skill involved in the outcome of the play; that each machine was equipped with a coin-apportioning device which automatically divided between the supplier of the machine and the location owner the coins deposited in the machine, the purpose of which was obviously to inform the supplier and the location owner as to how many free games were paid for by the location owner; that by minor adjustment in these machines the owner could control the degree of game difficulty and increase or decrease the chances of winning; that the time consumed in the play of a machine was extremely brief, the longest period required to complete a play on any of the machines being eight seconds; and that the court below, holding that the machines were illegal per se, ordered their forfeiture and destruction; it was Held that the order of the court below should be affirmed.

Argued April 18, 1963.