State v. v. F. W. Post No. 3722

The opinion of the court was delivered by

From-me, J.:

The state appeals pursuant to K. S. A. 1973 Supp. 22-3602 on two questions of law reserved in a criminal prosecution. The charge filed was for possession of illegal gambling dévices. Defendant was acquitted and the guilt or innocence of the defendant is no longer an issue. The defendant, V.» F. W. Post No. 3722 of Belleville, Kansas, admitted possession of three slot machines but defended under K. S. A. 1973 Supp. 21-3203 ( 2). The statute provides:

“(2) A person’s reasonable belief that his conduct does not constitute a crime is a defense…