This is an appeal by the defendant Alex Marck from a judgment of conviction entered against him in the district court of Pondera county, the Hon. R. M. Hattersley, district judge presiding, following his trial upon an information charging him and two others persons with the crime of unlawfully setting up lotteries, conducted by means of eight coin-operated slot machines.
The information charges: “That the said above named defendants did at the City of Conrad, County of Pondera, State of Montana, on or about the 20th day of June, A. D., 1949, at those certain premises in said city designated and known as Farmers & Businessmens Club, and also known as Ed’s Tavern, located at the corner of Front Street and Fourth Avenue in said city, county and state aforesaid, wilfully, unlawfully and wrongfully set up lotteries, to-wit: eight (8) slot-machines, that is, machines which may be played for the consideration of *180placing therein United States coins and from which said playing of said machines the player may obtain a reward in money of the United States, the paying of which said reward is determined by chance, contrary to form, force, and effect of the statute in such cases made and provided, and against the peace and dignity of the State of Montana. ’ ’
On March’s plea of not guilty and his waiver of a jury, trial was had before said district court.
The facts are not in dispute, it being conceded that at the times charged the three defendants, each acting either as an officer, an agent or employee of the Farmers & Businessmens Club, an incorporated “nonprofit club,” did set up for operation in the premises known as Ed’s Tavern in Pondera county, the eight described slot machines, each of which was played with United States coins and from which machines the player may obtain a reward in money, the paying whereof is determined by chance. Following the trial the court adjudged the defendant Marck guilty, assessed a fine and ordered that in lieu of payment of such fine he be imprisoned in the county jail.
From this judgment Marck has appealed to this court. His only specification of error is the making and entering of the judgment. Marck here contends that the coin-operated slot machines so set up, used and operated do not constitute lotteries.
Assuming to act under the provisions of Chapter 142, of the Session Laws of 1945, as amended by Chapter 285, of the Session Laws of 1947, the state board of equalization prior to the times charged in the information had issued licenses to the Farmers & Businessmens Club for each of the eight slot machines so possessed and operated by defendants.
Coin-operated slot machines, commonly known as “one armed bandits,” have long been banned by the criminal laws of this state.
Every person who contrives, prepares or set up any lottery *181within the state of Montana is guilty of a criminal offense punishable by imprisonment in the county jail not exceeding one year or by fine not exceeding two thousand dollars or both. R. C. M. 1947, secs. 94-3003 and 94-3011.
The scheme here involved by the use of the slot machines was for the disposal and distribution of money by chance. Each player drops a United States coin in the slot of a mechanical device, then pulls a lever setting in motion the wheels and other mechanism of the machine, and waits until the wheels cease revolving for the chance of obtaining thereby and therefrom more coins than he contributed. Such scheme is clearly a lottery. R. C. M. 1947, sec. 94-3001.
The Hon. Guy C. Derry, a judge of the district court of Yellowstone county, was called and presided in the district court of Cascade county, in the case of State of Montana v. Berkner McPherson, defendant, wherein Truman G. Bradford, county attorney of Cascade county, by information filed October 2, 1947, accused McPherson of the crime of unlawfully setting up lotteries by means of eight coin-operated slot machines. The defendant was convicted of the crime charged following which he gave notice of appeal to this court. Thereafter he let the matter drop, failing to prepare, serve or file any brief or specifications of error or otherwise complete his appeal, which finally was dismissed on motion of the attorney general. See State v. McPherson, 122 Mont. 627, 209 Pac. (2d) 1023. On November 19, 1947, on overruling McPherson’s demurrer to the information and again on January 10,1948, on entering the judgment of conviction, Judge Derry made and filed widely published written memorandum opinions citing the authorities and correctly holding that the operation of a slot machine is a lottery and banned by the criminal laws of this state.
The purchase from or issuance by the state board of equali zation of a revenue or license stamp for each slot machine is no justification for the criminal offense of setting up, maintaining, operating or possessing these one-armed bandits. *182State ex rel. Replogle v. Joyland Club, 124 Mont. 122, 220 Pac. (2d) 988; State v. Israel, 124 Mont. 152, 220 Pac. (2d) 1003; State v. Engle, 124 Mont. 175, 220 Pac. (2d) 1015; State ex rel. Brown v. Buffalo Rapids Club, 124 Mont. 172, 220 Pac. (2d) 1014.
The judgment is affirmed and remittitur ordered to issue forthwith.