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STATE v. BLACKMON

23386

304 S.C. 270 (1991)

403 S.E.2d 660

The STATE, Appellant v. Terry BLACKMON, Respondent.

Supreme Court of South Carolina.

Decided April 22, 1991.

Attorney(s) appearing for the Case

Attorney Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs and William Edgar Salter, III, Columbia, and Solicitor John R. Justice, Chester, for appellant.

Jack B. Swerling and Jennifer Kneece Shealy, Columbia, for respondent.

John M. Barton, Chief, Criminal Div., Asst. U.S. Atty., Columbia, for amicus curiae, U.S.

Heard March 4, 1991.

Decided April 22, 1991.

Per Curiam:

Respondent Terry Blackmon was indicted for operating a gambling house at his grocery store by disbursing money to players who accumulated free plays on electronic poker machines. We affirm the trial judge's finding that the indictment should be quashed because it fails to charge a valid offense.

I. FACTS:

Blackmon was indicted under S.C. Code Ann. § 16-19-40 (1976...

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