State Ex Rel. Hightower v. Larimore

This is a proceeding in rem instituted by the Chief of Police of the City of Fort Worth, Texas, to obtain an order for the destruction of a “pinball machine” in accordance with Articles 636 and 637, Y.A.P.C. The trial court denied the petition for the order of destruction and the Court of Civil Appeals affirmed the judgment of the trial court. 293 S.W. 2d 277.

The Court of Civil Appeals correctly held that the evidence at the trial shows without dispute that the pinball machine was a gambling device per se under the terms of Article 619, V.A. P.C. and the above cited statutes. The trial court…