*It is the opin%on of the vriter that aZ1 ma& a&erfst&q mhemee, +a tdxe one Ueocrlbed by fM8. qrxestlon, are ~lat&ens of ~the lottsry lam ,9? bJ)e 8ti&q. .%'he County Attorney*s brfsf QB the q6e@b Is as fellorea

*xtmuluw4m tbatthepraperplaae tie aeapI *2 Hon. nubcrt k’. Cherry - page 2

an analysis Of tbla question would be the Constltu- tlon of foxas, which in Art, 3, Sot. 47 states as f0110*0: rllhe Legislature shall paam lawm prohlblt- lotteries and lng the ef+ablimkxnolt gfft euter- prlses In thin State, as veil as the male or ti~okmts in lotterleg gist enterprises or other evamlonm ln- mlriag the lot* principle. establishedor mxlet- lng In other 6tatea' (Vornon'a Annotated conetitu- tlon, ArLrt. 3, sea 47). In oonmtrulag this article, th0 Supraae Court Or Texas has held in City of Wlnk 7. Orlffltb bmusewtlt co., 3OC S. W. (ed) 666, mamaotlntended to condQmmerely thl~pxvrla.lon Zotterlem, but &tenUed mlso to condtxmm the mep- mahenem which mere wt lotteries but l tatmd arately rhlch imolred tbe lottery prlncrlple or chmnoe and used W entiae rhlch were the oredtilous and unwary. 654 and658 of the Peual Coderefer

~Artlche to *lottery* and *raffles* and were mpparently paes- ed the Leglalature in obedlenoe to Art. 3, Sec.47 of the Constitution as above referred to snd protides follm~~ Art. 6~4. *If any person shall establish a lottery or diepose of any estate, real or perm0naJ- by lottery, he shall be fined not lemm than One hw-- dred nor wre thau one th~uaand dollars; or If fray permoa mhall mall, offer for sale or keep for male any ticket or part ticket In any lottery, he ahall be fined not lees than ten nor nore than fll'ty dollars. l Xfnnypereon shall emtmbl1mharm#le foror dim- poet I3y raffle oi any metate, real or personal, mx- oeedlng five hundred dollarm In value, he mhall be tined not less thmn one hundred nor more than one thousand dollars; or If any person shall estahliah a raSSle Sor or shall dimpose by raffle of may mm- fate, real or personal, of the value ot five hcmdred dollars or less, he shall be fined not lees thaa riva pornwre thantvo hundred dollars. Whoever shall of- or h-p smle auy ohaaaq ticket or fer fvr male part ticket, In per- any raffle of amy estate, rmml sonal OS muy *us vboterer shall be tied wt lemm then ten nor wre than tiPty dollars.* III ooamtmlng theme articles of the Penal Code and the Conetltutlonol pr0rimlon above referrod to, the courts have variaualy defined *lotteries0 and *r~fflos* as follover

lion. Iiobcrt F. Cherry - page 3

*AIRY mcheaue for the cllstribntion of prlaea by chanoe is a lottery, and it matters not by what nme much a aheaue may be born, It mea within the pro- hibition of this article. State v'. Randle, 41 T.202 and Rde v- State, 42 1. ti80. It la 110 lema a lot- tery because the aehena includea no blanka If the prices are of unequal value. Randle t. State 42 f. -5 Iloloaan v. State, 2 Cr. R. alO. bay 8Uhwe for the distribution of prizes is a lottery, though thore WUWPDblW. We's guilt of eatabllahlng a lottery does not depend on advise recclved to the innocent characterofthe dtxlae, nOr~nhlaombellef that It 1pa not a riolatlon Of the lam. Qeen v. State, s48 8. v. 3sc

*The CQWtB have diBtiq@ahed lott8rlea and raffles by defYal.ng lottery am a gane ln which there is a keeper or exhlblfor,‘and agalnat ahorn the bet- ter mtmkea him money, while a raffle d.8 said to be a gwe of perfect ahawe ln ahlch every participant Is OWJUd With '?V8rJ Other in the pl.OpOrtiOn Of hi8 risk azai prospect of gsin, the raffle having no elea8nt of km8perordealer andnotbelng abanklng gazae. Sttanem v* State, 21 T. 69% Rlmein ~0 State, 71 S-V.

aThe 1-g same, relating directly t0 a gxvup Of I!I~GhantB UBhg a plan which appprentiy iUWlve8 a 'lott8ry prLnolple' a. an advertialng 8Ch5.3, 88CmB to be Feat&u-stone v* Indepaadent Serrloe Station Amso- clatlonoSTexa4 lnrhich the o~ortheld that where mm amamcimtion of dealers aold tlcketi t0 its neabmrm, mhlch ticketa were then @maa by the dealers to cam- andothera for thepurpomeof attracfingpat- tOWr8 ronag8, the tickets entitling the holders to a chanoe W rln sn aatamobile ptrrchrued by the ameoclation with the prooeeda the males of the tloketa, much a mehma held to be a lottery wlthin the meaning of &d It was further held that much lof- the Bt.tUt8. tery was l ubjwf W be enjoined a 05petifor U&OBe -8. warn Injured thereby, under the rule equity mill enjoin an act which awunta to a orime where property right. are Injured thereby= Feather- aWne T. Independent Sal-rice Station Aaaoclatlon of Texas, (Clr. 4p.) IO 6. U. (2d) l24. lox. Jur. 414.

&Ion. liobort F'. Cherry - pogc 4 ThC plan UBOd does Ilot re- ilY IiOsqUC ~UI’Ity

quire any paraon to pay dlrootly any consldcratlon in order to obtain a chance at the drauln& but It does do indireotly in that mOrChrudi8e awst be purchased ln order to ontitle the purchaser to the U&et vr chwoe, and it aeaPa to this writer are baaed upon the *lottery prinoiple' rcifXV?d to in the conatltution and under any reaeonable conatruct- Ion or the statutes and the opinion the courts, are unlawfuLm

Xou hare tborOUf@y beefed the question BUbZIitted, ahlch ae espf?ma our apprOCiatiOn* After oarefully eon- miwlerlng it, we hare concluded there la no neoemalty for any further ~~BCUBB~OII the subject. It iB Our O'piniGn you hare correotl7 mnmwermd the question In the affirmative.

Verytrulypura ATTCRRlUllrP GRRERAL OF TEXAS Bruce W. Bryant Aaalatant APPROVED OPINION BUB=XR cOMMlY-TEE BY .d%w c**I"Y* APPROVEI‘AUO 10, 1939