Gayer v. Whelan

■ MARKS, J.-—This

This is an appeal from a judgment ordering the return to plaintiff of fourteen pin ball machines which defendant, in his capacity as District Attorney of San Diego County, had seized and proposed to destroy under the provisions of section 335a of the Penal Code.

The parties agree that the findings are supported by the evidence and fairly present the issue raised on this appeal. Therefore we will look to the findings for a brief summary of the facts.

Plaintiff owned fourteen pin ball machines which were placed in various business houses in the city of Escondido for operation by…