In Loiseau v. State, 114 Ala. 34, 22 So. 138, 139, 62 Am.St.Rep. 84, appears the following definition of a lottery: "Whatever may be the name or character of the machine or scheme, if in its use a consideration is paid, and there is gambling, the hazarding of small amounts to win larger, the result of winning or losing to be determined by chance, in which neither the will nor skill of man can operate to influence the result, it is a determination by 'lot,' within the comprehensive word 'lottery' used in the constitution of this state."

In Loiseau v. State, 114 Ala. 34, the operation of a similar machine was described, and it was said that those playing against them were guilty of gambling.