liemerable de* P. Hatebitt 

lxstriet Attorney 

Corpus Chrlsti, Texas 

Daar Slrr Attsatloas Authur A. Klein 

Opilrior ao. o-4611 

Be8 Under the frets subritted should 

the district atteraeg preaeed 

with the hearing conoernil~g the 

dostruetio~ of gambling devices? 

From yeur reeemt letter YQ are apprised of the fellowlwg faata: 

Officers seized certala gambll~dsvloes nad slet 

machines at a olub belmg opmated In the city of Brmiasvllle. 

After aaeertaln1Rg the name 8md address of the owmor ef the 

solead naohl~es, they proceeded to his hema to arrest hl& At 

the rear of the realdenae they observed a warehouse aad approalrhing it aav slot maehines through a& ope& deer. The owner 

~88 not present amd the offloers left to make further lpquiry 

amd serreh for hlm.Later they returlqd to the wamhouse Ond 

without a search warrant, preeeeded to take late thair peaseasioa 

ten'slrt taehlnes. Preoeedlmge fer the destructlon of the tern 

slet machl&ea having beem lmtltuted, the owmr new eoatests 

their destruction om the groundsr (1) the offfcers had ne 

search wrrramtsf ) (2) the equipleat seieed was OIP the ovner't 

home premises; 3 the nrehlnes seized were not beflg uaed at 

the tire for garblilg p~peses. 

Aa we understmnd y@uz' InquirJ, you '*Id3 to k&ow phether the nahlmm mleed at the wan&house may be legllg destroyed. 

The Eallas Caart of Civil Appeals la two reaeit'rases 

meem to have readered l plmlens deslelvs of our-questian. We 

~~~~.t15~~li~(~~)s~~, 146 se W. (26) 4&3, rnd Hlghtmim v. 

In the latter calee.writ 6f orpop 

'188 r:fused I;s ihe Sup& Cou& 08 Jamuary 14, 1942, In the 

Crlllson eat40 kc4 writ wan sought. 
. . 

Bourrble Joo'P. Eatelaitt, Att'nr Arthur A. Klein, Page 2 

(o-4611) 

The fauta, in the Calllson ease dimlose that police 

offirers.of the aity of Dallas by virtue of ~wmrant prsperlg 

obtained, seized several thousand puaahboards, labels and 

other puuehbeard reoeasories frem 8 worehouae of the appellaat. The distrlot attorney of Dallas Cetmtg la compliance 

with Artlelss 636 and 637 of the Penal Code pmeeeded to file 

for a destruetloP order upoa sold devices seeking their des - 

tmctlom as gambling devises. At a hearing before the trial 

aoud the devleea were ordered destroyed.- Ota appeal the Court 

ef Civil Appeals reversed the trial court, holdiag that for 

the devleee to be wlthia the eontemplatisn of Artlales 636 

and 637, Penal Code, it mast appear t$at the devlees were being used or exhibl$ed for ga~3.u purpoees. While the court 

held that puacrhbo8rds were gambling devleea per a& and could 

not be used for Amy other purpose, we quote the followiltlg law 

gurge with refdreaee to the proposition that the devlees must 

be exhibited or be used for gaxlag purposest 

"The aim of the statute, under whle& this 

proceeding is brought, Is to prohibit the use 

or exhibition of 011 possible @mea that fall 

under the olasslfleatlon of lotteries OF gambling 

devices; The character of the property seleed, 

that Is, Its nake-up, does sot authorize lta 

eonflsaatloa. arrd deatruetioa. The boarda were 

stored arid loeked la a warehouse, cmd were, IQ 

no manmop, uaed or exh$blte& for khe purpose of 

gaming or obtalnlmg betters. 

"ID. the enactment of the statutes under 

which this aetlon ~88 brought, the Legislature 

did uot see fit te aondema 811 pmpertg that 

might be used for gaming, a&d authorize Its 

destruetlom, unless It be shown that such propamty was delsigned for gam3.w rnd va8, 8t the 

time of ~1elmme, being used fop the pu~patae ef 

Ewwb T'hu~, courts caaaot extend the ah&tute 80 that gaml&g devises my be eonflscated 

and destroyed In the abeeace of evldeaoe that 

same were being used OP exhibited for gaming. 

Th& aueh was rmt defendaatle purpet~e, Is evlThe property was 80 stored th8t It eeuld 

aot~~easoarblg~be mid that It was exhibited, 

rad, ee~trlnlg, it waa not being used for gulag. 
Benor&bl. Joe P. Hatehhitt, Att'nr ArthUr A. Klein, Page 3 

(O-4611) 

"'Ph. jndgumt of the OOUP~ below 18 re-~ 

VOr8Od, the l l'd.r rondommb& ~O~fiS~8till~ 8Rd 

do8krOyi~ dOiORd8Ut’S PrOpel'ty i8 mot &side 

8rd the 8AyLIe 18 reukded with iastl'uetlons bt 

tho property SeiSed be ordered retUrned to der6wmt in 

In the HighCOWer B&SO, 8Up~8, the eOlWt 881d 8 8lOt 

188rhimO 18 Pot 8 "@dng devioe, per SID" 8nd court8 68EEOt 

tnks jndlairl aotl@e that everj slot mMhilrs 18 8 gambling 

dovioo 8iElOe *he U8@ t0 whloh it lS.pUt rrt8t datemlie it8 

0haPriC.r. It Wr8 8180 888OPt.d th8t the iret th&t gambling 

188 thr .*1J r.&reublO 8Rd pr,af%t&ble PUrpOSO fOr Whiti' 

810t rehlmer mi@t be a8ed did mot rntherlae CheFr distruokiOR h,&b80~00 Or 8 shO+ing th8k the UrhiEOS Tieri ma to 

pay Off, th8t 8B Ulderst&ndiUg W&S had llith the pF@l'ietOr 

to the 6~. effret or th8t th8 proprietor kmw of 8ti 

8quloreed In the brtt1Rg. 

Ho hare o.80 to the OOW1U81@R, 16 vla?r ai the 

holdlrg ia tshr abovo e&808, ttit the MOhiRe8 8OibOd~iR 

the ll~Oh~U8. l 8 d.rOPibOd bj YOU, &Fe not 8Ubjoet to dortruetion undrr the 8t8tUt.8. 

YOUF8 wry truly 

w 

Bemjulr Wwd.11 

An8iat8mt 

APPROVED 

03133031 

COlaITTm 

BY /b/ BlfB 

CHAIRPIM