FERGUSON v. STATE


628 S.W.2d 37 (1981)

Joe FERGUSON, Appellee, v. STATE of Tennessee, Appellant.

Court of Criminal Appeals of Tennessee, at Nashville.

December 14, 1981.


Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen., James A. DeLanis, David L. Raybin, Asst. Dist. Atty. Gen., Nashville, for appellant.

Larry Snedeker, Nashville, for appellee.


OPINION

DWYER, Judge.

The State appeals the trial court's judgment returning a video tape blackjack machine to the owner after its confiscation by the police as a gambling device, T.C.A. § 39-2002. The State poses the issue this way, whether a gambling device, "blackjack machine", escapes the forfeiture provisions of Tennessee because its owner claims that he did not know how it was being used? We hold that the machine was subject to confiscation and...

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