an article of merchandise; an article of
clothing; salt is a necessary article. 7. A
particular immaterial thing; a matter."
In Webster's New International Diction
ary, "representative" is defined as follows:
1, "One that represents; a person or thing
that represents, or stands for, a number
or class of persons or things, or that in
some way corresponds to, stands for, re
places, or is equivalent to, another person
or thing; a typical embodiment; type."
The u s u a l l y accepted definition of
"thing", is an inanimate object as contri-
distinguished from person. (Black's Law
Dictionary, 3rd Ed.) Applying these two
definitions to the facts here would indicate
that in order to constitute the pin ball
machine a gambling device, in so far as
the use of the word "representative" in
section 330a of the Penal Code is concern
ed, the numbers displayed when a high
score is obtained would have to represent
or stand for some inanimate object which
the player would receive as a reward for
the high score. The trial court found that
the player received no such thing and
certainly the right to the amusement of a
free game cannot be classed as such in
animate object.
In Junge v. Hedden, 146 U. S. 233, 13
Sup. Ct. 88, 36 L. Ed. 953, it was said:
"In common usage, 'article' is applied to
almost every separate substance or mat
erial, whether as a member of a class, or
as a particular substance or commodity."
In People v. Epstean, 170 N. Y. S. 68,
"article" was held to mean a particular
object or substance, a material thing or
class of things. (See, also, Carter v. W il
mington etc. Co., 126 N. C. 437, 36 S. E. 14;
Junge v. Hedden, 37 Fed. 197; Harrison
Supply Co. v. United States, 171 Fed. 406.)
It would therefore seem that the usual
and ordinary meaning of the word "article"
is some material or tangible object, al
though, according to the definitions sub
mitted by defendant, occasionally it may
be used to refer to something "immaterial".
It is a cardinal rule of statutory construc
tion that v/here the language of a statute is
free from ambiguity, when the words used
are given their ordinary and usual mean
ing, the courts should not look further in
its interpretation and should not change
its effect by giving the words some un
usual or seldom used meaning. (Bagg v.
Wickizer, 9 Cal. App. (2d) 753; Taylor v.
Lundblade, 43 Cal. App. (2d) 638; People
v. Stanley, 193 Cal. 428;
Pacific Coast
Dairy v. Police Court, 214 Cal. 668.) Here
we find no reason to ascribe to the word
"article" the rather u n u s u a l definition
which defendant would have us give it.
As was said in People v. Garcia, 37
Cal. App. (2d) (Supp.) 753:
"As we said in People v. Zimbrolt,
(1939) 35 Cal. App. (2d) (Supp.) 745,
747 (91 Pac. (2d) 252), 'Crimes are not
to be "built up by courts with the
aid of inference, implication, and
strained interpretation" (Ex parte Me
Nulty, (1888) 77 Cal. 164, 168 (19 Pac.
237, 11 Am. St. Rep. 257)), and "pe
nal statutes must be construed to
reach no further than their words; no
person can be made subject to them
by implication". (Ex parte T w l n g ,
(1922) 188 Cal. 261, 265 (204 Pac
1082).)'
Under the foregoing rules of statuatory
construction we are required to hold that
the clause of section 330a of the Penal
Code, under consideration, must mean that
the representative, or article of value, ob
tained through a high score on the pin ball
machine, must be some material or tangible
thing of value, and that securing the a-
rnusement of a free game or games on the
machine, and nothing more, does not come
within that definition and is not within
the prohibition of the section.
The judgment is affirmed.
MARKS — Justice
We Concur:
BARNARD — Presiding Justice
GRIFFIN — Justice
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