State v. Duci

FELDMAN, Justice.

Appellees, defendants below, allegedly organized at least 45 poker games in Arizona between October 1983 and July 1984. Defendants were indicted criminally under A.R.S. § 13-3307 for engaging in the business of accepting bets or wagers or setting up gambling pools on the “result of any game of skill or chance.” A.R.S. § 13-3307(A). In addition, the state filed a civil RICO suit alleging gambling as the predicate offense. A.R.S. §§ 13-2301(D), 13-2314 (Supp.1985). The trial court dismissed the criminal indictment on the grounds that the defendants’ conduct fell within A.R.S. §…