Summary
In Commonwealth v. Kling, 140 Pa. Super. 68, 13 A.2d 104, 105, it was held that free games or the lure to play for them on a pinball machine was not "a `thing' of value."
Summary of this case from State v. One "JACK and JILL" PinballOpinion
April 10, 1940.
April 29, 1940.
Appeal, No. 3, March T., 1941, from order of Q.S. Dauphin Co., Sept. Sessions, 1939, No. 387, in case of Commonwealth v. Paul Kling.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, RHODES and HIRT, JJ. Order affirmed.
Indictment charging defendant with establishing a gaming place. Before Fox J., without a jury.
Defendant adjudged guilty. Motion by defendant in arrest of judgment sustained and defendant discharged. Commonwealth appealed.
Error assigned was the action of the court below in sustaining the motion in arrest of judgment.
Lewis S. Kunkel, Assistant District Attorney, with him Carl B. Shelley, District Attorney, for appellant.
Thomas D. Caldwell, with him Robert T. Fox, Carl B. Stoner, Maurice Yoffee and Caldwell, Fox Stoner, for appellee.
Argued April 10, 1940.
MEMORANDUM DECISION.
Order affirmed.