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STATE v. HAHN

No. 94-2567-CR.

203 Wis.2d 450 (1996)

553 N.W.2d 292

STATE of Wisconsin, Plaintiff-Appellant, v. Lester E. HAHN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 18, 1996.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of James E. Doyle, attorney general, and Alan R. Kesner, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of Dennis J. Miller and Michael J. Mortimer of Miller & Mortimer of Pittsburgh, Pennsylvania, and Bruce Elbert of Doepke, Hannon, Elbert & Pfitzinger of Beaver Dam.

Before Gartzke, P.J., Dykman and Sundby, JJ.

SUNDBY, J.

In this appeal, the State candidly acknowledges that it seeks to establish that video poker machines are "gambling machine[s]" per se. In its prosecution of defendant Lester Hahn for collecting the proceeds of "any gambling machine," contrary to § 945.03(5), STATS.,1 it claims that it need prove only that Hahn knew that the proceeds he collected resulted from the operation...

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