In re Potter for Writ of Habeas Corpus

In the Superior Court of the State of California,

In and for the County of Sonoma. Dept. One.

In the matter of the Application of No. 1232-C.

John Doe Potter for a Writ of Habeas Corpus.

Order Granting Writ and Discharging Prisoner.

In this matter the prisoner petitions the Court to be discharged from custody on the ground that he is unlawfully restrained of his liberty. The complaint on which he is held alleges that at No. 15, Western Avenue, in the City of Petaluma, the petitioner did place, maintain and keep one slot or card machine or mechanical device upon the result of the action of which money or other valuable thing was staked or hazarded, said machine being operated by depositing therein coins, checks, slugs, in violation of section 330a of the Penal Code.

Section 330a of the Penal Code for the violation of the provisions of which the petitioner was arrested is as follows:

A slot machine is not per se a gambling device,, since it may be used or played, for innocent purposes; and the courts cannot therefore take judicial notice that every slot machine is a gambling device or game of chance. The use to which such machine is put must determine its character. If set up…