COM. v. IRWIN


422 Pa.Super. 48 (1993)

618 A.2d 1009

COMMONWEALTH of Pennsylvania v. Wylie E. IRWIN, Jr. and Diane Irwin, his wife, Appellants.

Superior Court of Pennsylvania.

Filed January 6, 1993.

Petition for Allowance of Appeal Granted March 23, 1993.


Attorney(s) appearing for the Case

Dennis B. Rafferty, Latrobe, for appellants.

Robert P. Boyer, Jr., Asst. Dist. Atty., Greensburg, for Com., appellee.

Before ROWLEY, President Judge, and JOHNSON and HESTER, JJ.


ROWLEY, President Judge:

Wylie E. Irwin and Diane Irwin appeal from the order denying their petition for the return of property. On appeal, they raise one issue, namely, whether redemptive token machines are gambling devices per se subject to seizure by the Commonwealth. After reviewing the record and the applicable case law, we affirm the order.

Appellants are the principal owners of a business known as Greensburg Entertainment, Inc., trading as Side...

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