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F.A.C.E. TRADING, INC. v. TODD

No. 112 September Term 003.

903 A.2d 348 (2006)

F.A.C.E. TRADING, INC. d/b/a Face Card Promotions, et al. v. Joel J. TODD, State's Attorney.

Court of Appeals of Maryland.

July 27, 2006.

Attorney(s) appearing for the Case

David C. Gaskill, Ocean City, for appellants.

William F. Brockman, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, and Laura F. Davies Tilley, Assistant Attorney General, on brief), Baltimore, for appellee.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, GREENE, JOHN C. ELDRIDGE (Retired, Specially Assigned), JJ.

ELDRIDGE, J.

The issue in this case is whether games of chance, based upon tickets or coupon cards which can be purchased from a dispensing machine for one dollar each, and which offer consumers the chance to win cash prizes, constitute illegal "gaming devices" or "games" under Maryland Code (2002, 2004 Repl.Vol.), § 12-101(d)(1)(ii) of the Criminal Law Article, and are punishable as misdemeanors under § 12-104 of the Criminal Law Article.

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