Matter of Rogers

The writ was denied at the time the petition was presented, for the following reasons: The prisoner was arrested upon a charge of violating the provisions of a new section of the Penal Code, numbered 330a, enacted April 21, 1911 (Stats. 1911, p. 951), making it a misdemeanor to keep or maintain any mechanical device upon the result of the operation of which money or other valuable thing is staked or hazarded. The complaint upon which he was arrested seems to have been very carefully drawn with a view to showing that in this instance the method of operating the particular machine in question involved no possible risk of loss to the outsider while it compelled the proprietor to part with three cigars for the net value of one. It shows, however, that by putting a price upon the cigars somewhat in excess of their value the operation of the machine would involve some hazard to the customer and in the long run a probable gain to the proprietor over and above the profits of a legitimate business. The law, therefore, in its general operation may be found pro-motive of sound public policy although in particular instances it may not thwart the benevolent intentions of more altruistic…