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STATE v. MADERE

Nos. 7677, 7678.

344 So.2d 29 (1977)

STATE of Louisiana v. Joseph G. MADERE. Joseph G. MADERE v. STATE of Louisiana et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied April 13, 1977.

Writ Granted May 26, 1977.

Attorney(s) appearing for the Case

Howard P. Elliott, Jr., Baton Rouge, Richard L. Bodet, New Orleans, for State of La. through the Dept. of Public Safety, plaintiff-appellant.

Daniel E. Becnel, Jr., Reserve, for Joseph G. Madere, plaintiff-appellee.

Before REDMANN, GULOTTA and BOUTALL, JJ.

BOUTALL, Judge.

Certain officers of the Louisiana State Police obtained a search warrant for the house and garage of Joseph G. Madere and in execution of the warrant seized 62 slot machines and parts belonging to Madere. The articles seized were stored and application was made to the 29th Judicial District Court, Parish of St. John the Baptist, whence the warrant issued, for a declaratory judgment1 to ascertain whether the machines could...

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