Opinion
November 17, 1961.
December 14, 1961.
Criminal Law — Gaming devices — Forfeiture and destruction — Coin slot machines — Gambling devices unlawful per se — Evidence.
In a proceeding upon a petition and rule, under § 60 of the Act of March 31, 1860, P.L. 382, for forfeiture and destruction of certain slot coin machines on the ground that they were unlawful gaming devices per se, in which it appeared that no evidence was offered as to the actual use of any of the machines for the purpose of gambling; and that the court below, after finding that the machines in question operated entirely by chance and that there was no element of skill involved, that the denomination of the coin used to activate each machine could be varied by the owner by a simple interchange of a coin receiver unit, that the machines were so equipped that free games won by the operator could easily be cancelled, that the machines contained meters for reporting the number of free games cancelled, that by minor adjustment in the machines the chances of winning could be increased or decreased, that the machines could be readily converted into actual coin pay-out machines, that the machines were complete within themselves and neither the operator nor anything else could decide as to the winning of free games, that certain of the machines were equipped so as to permit the operator to hold a part of a previous play, and that the period of play was from 3.5 seconds to 8 seconds, concluded that the machines were essentially gambling devices; it was Held that the order of the court below making absolute the rule should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 352, Oct. T., 1961, from order of Court of Quarter Sessions of Cumberland County, May T., 1961, No. 58, in re gaming devices seized at American Legion Post No. 109. Order affirmed.
Same case in court below: 25 Pa. D. C. 2d 572.
Proceeding upon petition of Commonwealth and rule to show cause why gaming devices seized should not be destroyed. Before SHUGHART, P.J.
Order entered finding seized items to be gaming devices per se and subject to destruction. Intervening owner appealed.
C. Russell Welsh, Jr., with him Carl R. Mapel, and Mark Mapel, for appellant. Richard C. Snelbaker, Assistant District Attorney, with him Harold S. Irwin, Jr., District Attorney, for Commonwealth, appellee.
Argued November 17, 1961.
The order of the Court of Quarter Sessions of Cumberland County is affirmed on the opinion of President Judge DALE F. SHUGHART for the court below, reported at 25 Pa. D. C.2d 572.