COM. v. TWO ELEC. POKER GAME MACHINES


502 Pa. 186 (1983)

465 A.2d 973

COMMONWEALTH of Pennsylvania, Appellee, v. TWO ELECTRONIC POKER GAME MACHINES and One Electronic Blackjack Game Machine. Appeal of KING AMUSEMENT COMPANY, INC., Intervenor, Appellant. COMMONWEALTH of Pennsylvania, Appellant, v. ONE ELECTRONIC POKER GAME MACHINE and One Electronic Blackjack Game Machine, Intervenor, King Amusement Company, Inc., Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. ONE ELECTRO-SPORT DRAW POKER MACHINE Serial No. 258, Appellee.

Supreme Court of Pennsylvania.

Decided September 21, 1983.

Reargument Denied October 13, 1983.


Attorney(s) appearing for the Case

William M. Thomas, Allentown, for King Amusement Co., Inc.

William Platt, Dist. Atty., Richard Tomsho, Robert L. Eberhardt, Kemal Alexander Mericli, Asst. Dist. Attys., for the Com.

Wayne DeLuca, Pittsburgh, for One Electro-Sport Draw Poker Machine Serial No. 258.

Before ROBERTS, C.J., and NIX, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.


OPINION OF THE COURT

HUTCHINSON, Justice.

These cases require us to consider the issue of what constitutes a gambling device per se, as well as the distinct but related issue of the power of a court to order the seizure and forfeiture of a machine which while not a gambling device per se is shown to have been used for gambling purposes. Specifically, we must determine whether electronic devices which...

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