STATE v. DOE

No. 50930.

123 N.W.2d 400 (1963)

STATE of Iowa ex rel. Howard HARMAN, Keokuk Chief of Police, Appellee, v. John DOE and certain gambling devices taken from the Cozy Corner Confectionery, 629 Palean Street, Keokuk, Appellants.

Supreme Court of Iowa.

Rehearing Denied November 12, 1963.


Attorney(s) appearing for the Case

Roy W. Meadows, Des Moines, N. E. McManus, Keokuk, for appellants.

Evan Hultman, Atty. Gen., John H. Allen, Asst. Atty. Gen., Robert B. Dickey, Lee County Atty., for appellee.


HAYS, Justice.

The sole issue to be determined on this appeal is whether or not pinball machines which in the course of each game may give the player one or more additional balls to shoot, are gambling devices under section 726.5, Code 1962, I.C.A.

This code section reads as follows: Possession of gambling devices prohibited. "No one shall, in any manner or for any purpose whatever, except under proceedings to destroy the same, have, keep, or hold in...

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