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BALE v. SAN JOSE POLICE DEPARTMENT

Docket No. A017927.

158 Cal.App.3d 168 (1984)

204 Cal. Rptr. 514

DOUGLAS BALE, Plaintiff and Appellant, v. SAN JOSE POLICE DEPARTMENT, Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

July 10, 1984.

Attorney(s) appearing for the Case

COUNSEL

George C. Halversen for Plaintiff and Appellant.

Robert J. Logan, City Attorney, and Robert R. Cimino, Senior Deputy City Attorney, for Defendant and Respondent.

OPINION

KING, J.

In this case we hold that prohibitions against slot machines are inapplicable if the machine, by any reasonable definition, is antique. Providing a statutory defense to prohibitions against slot machines for those which are antique, with no guidelines as to what constitutes an antique slot machine, creates an ambiguous exception to Penal Code prohibitions which must be liberally construed in favor of persons seeking...

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