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PEOPLE EX REL. STOCKE v. 11 SLOT MACHINES

No. 79-201.

80 Ill. App.3d 109 (1979)

399 N.E.2d 305

THE PEOPLE ex rel. ROBERT F.A. STOCKE, State's Attorney, Plaintiff-Appellee, v. 11 SLOT MACHINES et al., Defendants-Appellants. — (THE DEPARTMENT OF LAW ENFORCEMENT, Intervenor-Appellant.)

Appellate Court of Illinois — Fifth District.

Opinion filed December 28, 1979.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Donald B. MacKay and Steven J. Teplinsky, Assistant Attorneys General, of counsel), for appellants.

Robert F.A. Stocke, State's Attorney, of Louisville, for appellee, pro se.

Reversed and remanded.

Mme JUSTICE SPOMER delivered the opinion of the court:

This appeal raises the question of the proper disposition of slot machines, which have been used in the commission of the crime of gambling and thus are contraband, but which, as antiques, may be capable of lawful use.

On October 20, 1978, the Illinois Department of Law Enforcement conducted gambling raids at two locations in Flora, Illinois. As a result of the raids, 11...

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