People v. One MacHine Known As" Circus Days"

delivered tbe opinion of the court.

This action was brought to obtain an order for the destruction of certain coin-in-the-slot mechanical devices on the grounds that they were gambling devices per se. The three petitions which were filed were consolidated by stipulation, approved by the presiding judge. The court heard the consolidated causes and upon a finding that these mechanical devices were not gambling devices per se entered judgment denying the petitions. This is an appeal from that judgment.

Six mechanical devices were seized by Herbert M. Lowry, Administrative Assistant to the State’s…