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STATE v. 26 GAMING MACHINES

No. 03-173.

145 S.W.3d 368 (2004)

356 Ark. 47

STATE of Arkansas v. 26 GAMING MACHINES.

Supreme Court of Arkansas.

February 5, 2004.

Attorney(s) appearing for the Case

Mike Beebe, Att'y Gen., by: Brad Newman, Ass't Att'y Gen., Little Rock, for appellant.

Pryor, Robertson & Barry, PLLC, by: C. Brian Meadors, Fort Smith, for appellee.

ROBERT L. BROWN, Justice.

This is a State appeal from an order of the Sebastian County Circuit Court in which the court found that three countertop Megatouch machines were not gaming devices per se and that the State had failed to provide evidence that the machines actually were used as such. Accordingly, the court refused to forfeit the machines and ordered them returned to their owners. The State argues one point on appeal: that the circuit court's refusal...

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