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B.P.O.E. # 576, ELKS CLUB v. STATE

No. 2-978-A-314.

413 N.E.2d 660 (1980)

B.P.O.E. # 576, ELKS CLUB a/k/a Board of Trustees of B.P.O.E., Noblesville Chapter, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

December 17, 1980.

Attorney(s) appearing for the Case

David M. Adams, Castor, Richards, Adams & Boje, Noblesville, for appellant.

Theodore L. Sendak, Atty. Gen. of Indiana, Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for appellee.

SULLIVAN, Judge.

The Benevolent and Protective Order of Elks, No. 576 (Elks) was convicted, after a bench trial, of possession of slot machines as per I.C. 35-25-4-1(a) and was fined $500.

The Elks Club appeals that conviction and presents two issues for our review:

1) Whether the court erred in permitting photographs, taken subsequent to a defective search warrant, to be introduced into evidence, and 2) Whether the evidence is sufficient...

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