STATE v. FRANCO NOVELTY COMPANY, INCORPORATED

SC 746.

299 So.2d 737 (1974)

In re STATE of Alabama v. FRANCO NOVELTY CO., INC. Ex parte State of Alabama.

Supreme Court of Alabama.

Rehearing Denied August 8, 1974.


Attorney(s) appearing for the Case

Willard W. Livingston, Counsel, Dept. of Revenue, William H. Burton, Asst. Counsel, Dept. of Revenue, for petitioner, the State.

Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for respondent.


FAULKNER, Justice.

The writ of certiorari was granted because this was a case of first impression, affecting the license tax laws of this State. The primary question is whether a table which looks like a pool table, yet has a detachable slot for coins to collect the playing fee, and upon which a game of pool is played, is a pool table or is it a coin-operated machine? Is it to be taxed as a pool table as the State contends, or is it to be taxed as a "coin-operated...

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