State v. Hudson
In State v. Hudson, 128 W.Va. 655, 37 S.E.2d 553 (1946), the defendant asserted that the operation of a punch board was not a lottery so as to be prohibited under W.Va. Code 61-10-11 (1939).
Specifically, the activity at issue involved, punching numbers from the board, which was four or five inches long and three inches wide.
The winning number was concealed at the top and a controlling or tip number openly appeared elsewhere on the board.
Certain tickets were placed or fastened in the board in such manner that a person who had purchased a chance could, by punching a particular place on the surface, eject from a small compartment or section a roll of paper which bore a specific number.
In operating the board, the person keeps the rolls which carry his tip number until all the sections of the board are punched.
The concealed number is then exposed. The person who has a tip number and a number which corresponds with the concealed number is the winner of the prize. (State v. Hudson, 128 W.Va. at 659, 37 S.E.2d at 556.)