ONE COCKTAIL GLASS v. STATE

No. 2729.

565 P.2d 1265 (1977)

ONE COCKTAIL GLASS; One Box Containing Canned Coca-Cola; One Bag Containing Assorted Cigarettes; One Box Containing 53 Six-Ounce Glasses; One Box Containing 62 Eight-Ounce Glasses; One Box Containing Whiskey; One Case Coca-Cola; One Box Containing Coca-Cola, Seven-Up and Beer; One Case Seven-Up; Two Cases Budweiser Beer; Three Cases Olympia Beer; One Case Coca-Cola; Assorted Notebooks; Bank Receipts; Assorted Checks (or equivalent United States Currency); One Box Containing Beer; One Box Containing Whiskey, Wine and Beer; One Box Containing Beer; One Box Containing Whiskey and Juices; One Circular Table; One Swivel Chair; Seven Bar Stools; and United States Currency in the Amount of Two Thousand One Hundred One Dollars and One Cent ($2,101.01), Appellants, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

June 8, 1977.


Attorney(s) appearing for the Case

Sandra K. Saville of Kay, Christie, Fuld & Saville, Anchorage, for appellants.

Dennis P. James, Asst. Dist. Atty., and Joseph D. Balfe, Dist. Atty., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before BOOCHEVER, C.J., and RABINOWITZ, CONNOR, ERWIN and BURKE, JJ.


OPINION

CONNOR, Justice.

This is an appeal from an order of the superior court forfeiting to the state money and a variety of other property seized in a police raid on a gambling establishment.1 It requires us to address certain questions concerning what property may be forfeited pursuant to AS 11.45.040,2 and under what circumstances such forfeiture may take place.

I

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