Commonwealth v. Diorio

Opiniqn by

Baldrige, P. J.,

The question for determination is whether a 1941 Chrysler Tudor sedan, used at the time of the seizure by the owner, Michael E. DiOrio, an operator of a numbers game, to pick up number plays, is subject to forfeiture as a “device or apparatus” under section 59, or “any device or machine of any kind, character or description whatever, used and employed for the purpose of unlawful gaming” under section 60 of the Act of March 31, 1860, P. L. 382, 18 PS §§1444, 1445.

DiOrio pleaded guilty to the charges of conspiracy to establish an illegal lottery, traffic in lottery…