Opinion

Commonwealth v. Weisman

  • 331 Pa. Super. 31
  • 479 A.2d 1063
  • 1984 Pa. Super. LEXIS 5880
Court
Supreme Court of Pennsylvania
Filed
Aug 10, 1984
Status
Published
Author
Olszewski
On the bench
Wickersham, Olszewski, Hoffman
Cited by
4 cases

The opinion

OLSZEWSKI, Judge,

dissenting:

I respectfully dissent from the majority’s holding that a coin cannot constitute a “gambling device” under 18 Pa.C.S. Sec. 5513(a)(1).

To the extent that it can be used for purposes other than gambling, a coin is not a gambling device per se. However, under the facts of this case, we would classify the coin used by appellant as a “gambling device.”

We agree with the majority and with appellant that, under the common and approved usage, a “device” could signify a machine, a gadget, an apparatus, or the like. Webster’s New Twentieth Century Dictionary, Second Edition (1979), defines “gadget” as “any small object.” A coin is a small object. Appellant was gambling with that small object. It would follow that the coin was a device used for gambling.

I would affirm the judgment below.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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