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LAW ENFORCEMENT DIV. v. 1-SPEEDMASTER

No. 4834.

397 S.C. 94 (2011)

723 S.E.2d 809

SOUTH CAROLINA LAW ENFORCEMENT DIVISION, Appellant, v. 1-SPEEDMASTER S/N 00218, Respondent.

Court of Appeals of South Carolina.

Decided May 25, 2011.

Withdrawn, Substituted, and Refiled September 27, 2011.

Attorney(s) appearing for the Case

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General T. Stephen Lynch , Assistant Attorney General Mary Francis Jowers, and Assistant Attorney General Geoffrey K. Chambers , all of Columbia, for Appellant.

Wade S. Weatherford , of Gaffney, for Respondent.

KONDUROS, J.

The South Carolina Law Enforcement Division (SLED) appeals the circuit court's affirmance of the magistrate's order finding a Speedmaster machine confiscated from a convenience store was not an illegal gaming device pursuant to section 12-21-2710 of the South Carolina Code (2000). We affirm.

FACTS

The Speedmaster machine that is the subject of this action was seized by SLED agents from the Cherokee Food Mart on February 13, 2007, for...

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