In re Allen

A petition for a writ of habeas corpus was filed in this court on behalf of Betty Loeb Allen, who was arrested and charged with a violation of section 22 of article 2 of Los Angeles County Gambling Ordinance No. 461. The section provides: “A person shall not knowingly permit any game prohibited by this ordinance to be played, conducted, or dealt, in any house or other premises, owned by, rented by, or in the lawful possession of such person.” Section 21 of article 2 provides, in part: “A person shall not deal, play, carry on, open, cause to be opened, or conduct any game of chance played with cards, dice, or other device for money, checks, credits, or other thing of value.”

The complaint in the criminal action alleged that defendant “did willfully and unlawfully and knowingly permit a game of chance, to wit: Bridge, played with cards, dice and other device, for money, checks, credits, and other things of value, to be played, ...” There is no contention that bridge is played with dice or any device other than cards.

Defendant is entitled to be discharged if the allegations of the complaint affirmatively show that the conduct with which she is charged does not constitute a public…

I dissent.; .It is my view that bridge is a “game of chance.”

• Defendant contends that the phrase “game of chance” in Ordinance 461 is vague, indefinite and uncertain in meaning and denies her due process of law and equal protection under Amendments V and XIV of the United States Constitution and sections 13 and 19, article I, of the California Constitution. ' The phrase “game of chance,” however, has an accepted ’ legal meaning. It appears throughout the English language as a means of expressing a concept used by legislatures of various jurisdictions in statutes, by courts of various jurisdictions as an analytical tool in ascertaining what is and what is not a “lottery,” or “gambling or gaming device’/ (cf. Commonwealth v. Lake, 317 Mass. 264 [ 57 N.E.2d 923 ] ; Boies v. Bartell, 82 Ariz. 217 [310 P.2d ,834]), and by the people of various jurisdictions in their .constitutions (cf. Neb. Const., art. III, § 24; Utah Const., art. VI,. § 28). ;

The character of the game, and not -the skill or want of skill of the player, is what determines whether a game is a “game of chance” or a “game of Skill.” .The test is not whether the game contains an element of chance or an element of…