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STATE v. FITZPATRICK

No. 9718.

407 P.2d 309 (1965)

STATE of Idaho, Plaintiff-Respondent, v. Mike FITZPATRICK, Defendant-Appellant.

Supreme Court of Idaho.

October 29, 1965.

Attorney(s) appearing for the Case

Jerry V. Smith, Lewiston, Rufus King, Washington, D. C., for appellant.

Allan G. Shepard, Atty. Gen., Weldon S. Wood, Asst. Atty. Gen., Boise, Roy E. Mosman, Pros. Atty., Lewiston, for respondent.

TAYLOR, Justice.

This proceeding was commenced pursuant to provisions of I.C. § 18-3804 for the seizure and destruction of a pinball machine owned by the defendant (appellant). The district court, on authority of Thamart v. Moline, 66 Idaho 110, 156 P.2d 187 (1945), held the machine to be a gambling device within the meaning of I.C. § 18-3801, and ordered its destruction. Execution of the order was stayed pending this appeal. The statutory definition of...

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