If all of the elements are present, the scheme is a lottery, regardless of the purpose of its sponsor. If one of them is absent, the scheme is not a lottery, regardless of its purpose. All three elements must be present for the scheme to constitute a lottery. Where the term "lottery" is not defined by statute, courts generally adopt a definition including three essential elements: consideration, chance, and prize. Lotteries constitute a distinct form of gambling, prohibited by Alaska statute. The superior court reversed the dismissal, holding as a matter of law that the card was a ticket in a lottery. The state sought review of that decision. For this reason it dismissed the complaint. The district court concluded that the football predictions were based on skill and, therefore, the scheme was not a lottery. The selection of any winning team is useless unless it beats the opposing team by more than the "point spread" listed to the right of the teams. The odds are listed at the bottom of the card. Such a card lists numerous football games to be played on certain days, from which the purchaser selects from three to ten winning teams.
The ticket involved is commonly called a "football card". Gen., Juneau, for appellee.īefore RABINOWITZ, C.J., and CONNOR, ERWIN and BOOCHEVER, JJ.Īppellant, Joseph Robert Morrow, was charged with selling a ticket in a lottery.
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