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STATE v. V.F.W. POST NO. 3722

No. 47,544

215 Kan. 693 (1974)

527 P.2d 1020

STATE OF KANSAS, Appellant, v. V.F.W. POST NO. 3722, Appellee.

Supreme Court of Kansas.

Opinion filed November 2, 1974.

Attorney(s) appearing for the Case

Patrick L. Connolly, assistant attorney general, argued the cause, and Vern Miller, attorney general, and William F. Grant, assistant attorney general, were with him on the brief for the appellant.

Fred D. Swoyer, of Swoyer & Simms, of Belleville, argued the cause, and Douglas G. Simms, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

The state appeals pursuant to K.S.A. 1973 Supp. 22-3602 on two questions of law reserved in a criminal prosecution. The charge filed was for possession of illegal gambling devices. Defendant was acquitted and the guilt or innocence of the defendant is no longer an issue. The defendant, V.F.W. Post No. 3722 of Belleville, Kansas, admitted possession of three slot machines but defended under K.S.A. 1973 Supp...

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