Commonwealth v. One Electro-Sport Draw Poker MacHine, Serial No. 258

SHERTZ, Judge:

This is an appeal by the Commonwealth from the order of the Trial Court, entered on May 21, 1980, granting a Motion for Return of Property and to Prohibit Seizure. We affirm the order of the court below.

Harold 0. Allen is the owner and operator of an establishment known as “Allen’s Grill.” For the entertainment of his customers, Mr. Allen maintained on his premises an electronic coin operated device known as an Electro-Sport Draw Poker Machine. On March 11, 1980, a Pennsylvania State Trooper obtained a warrant for Mr. Allen’s arrest, charging him with a violation of 18…