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COMMONWEALTH v. CLUB CARAVAN, INC.

No. 90-P-180.

30 Mass. App. Ct. 561 (1991)

571 N.E.2d 405

COMMONWEALTH vs. CLUB CARAVAN, INC., (and eighteen companion cases).

Appeals Court of Massachusetts, Suffolk.

May 13, 1991.

Attorney(s) appearing for the Case

Douglas J. Perry, Assistant District Attorney (James P. McKenna, Assistant District Attorney, with him) for the Commonwealth.

John L. Dodge for Steven Marder.

Charles R. Balliro, for Rogers Realty of Revere, Inc., submitted a brief.

Present: ARMSTRONG, GILLERMAN, & PORADA, JJ.

ARMSTRONG, J.

On the defendants' motions to dismiss 133 indictments for various gaming offenses or for conspiracies, all based on video poker machines, the judge ruled that the machines were not gambling devices per se and thus dismissed nineteen indictments not based on actual use of the machines for gambling, or, in the conspiracy indictments, knowledge of such actual use by an alleged coconspirator. The Commonwealth has appealed from the dismissals.

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