Opinion
September 11, 1962.
November 15, 1962.
Criminal Law — Gambling — Forfeiture of gambling devices — Device not usable for other than gambling purposes — Crap table — Evidence.
In a proceeding, under § 60 of the Act of March 31, 1860, P.L. 382, for forfeiture of a gambling device, in which it appeared that a table was found, following a fire, in a basement room of a club establishment; that the table was of the variety used in a gambling game known as "craps" and was so constructed that it had no useful function other than for gambling purposes; that no evidence was presented that the table was used for gambling; and that the court below, holding that the table was essentially and inherently a gambling device, used and intended to be used for the purpose of unlawful gambling, declared its forfeiture; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 90, Oct. T., 1962, from order of Court of Quarter Sessions of the Peace of Carbon County, June T., 1961, No. 116, in re Dice Table (Edward Gazo Appeal). Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 431.
Proceeding upon petition of Commonwealth for forfeiture of dice table. Before HEIMBACH, P.J.
Order entered directing forfeiture of table. Owner appealed.
Albert P. Leonzi, for appellant.
John Deutsch, First Assistant District Attorney, for appellee.
Argued September 11, 1962.
The order of the court below is affirmed on the opinion of President Judge HEIMBACH, as reported in 28 Pa. D. C. 2d 431.