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STATE v. ONE COIN-OPERATED VIDEO GAME MACH.

No. 24374.

467 S.E.2d 443 (1996)

STATE of South Carolina, Appellant, v. ONE COIN-OPERATED VIDEO GAME MACHINE, said machine bearing Serial No. 1145, being the property of McColl Music, Inc., and having been seized from the Stockyard Grill, 220 Tyson Avenue, Bennettsville, S.C., Respondent.

Supreme Court of South Carolina.

Decided February 20, 1996.

Rehearing Denied March 21, 1996.

Attorney(s) appearing for the Case

Attorney General Charles Molony Condon, Deputy Attorney General Treva G. Ashworth, Senior Assistant Attorney General Nathan Kaminski, Jr., Assistant Attorney General Cameron B. Littlejohn, Jr., Columbia; and Solicitor C. Gordon McBride, of Darlington, for Appellant.

John C. Lindsay, Jr., of Lindsay & Lindsay, Bennettsville; Henry Hammer, Columbia, for Respondent.

TOAL, Justice:

This case concerns the impact of the Video Game Machines Act ("VGMA"), S.C.Code Ann. §§ 12-21-2770 to -2808 (Supp.1994), on the prohibition on slot machines contained in S.C.Code Ann. § 12-21-2710 (Supp.1994). The Circuit Court determined that possession of the video machine in issue here was not prohibited. We reverse.

FACTUAL/PROCEDURAL BACKGROUND

In early 1995, the sheriff of Marlboro County seized the machine at...

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