State v. Blackmon

Respondent Terry Blackmon was indicted for operating a gambling house at his grocery store by disbursing money to players who accumulated free plays on electronic poker machines. We affirm the trial judge’s finding that the indictment should be quashed because it fails to charge a valid offense.

I. FACTS

Blackmon was indicted under S.C. Code Ann. § 16-19-40 (1976) for operating a gambling house at his grocery store. The indictment alleged that Blackmon engaged in unlawful gambling by disbursing money to players who accumulated free plays on electronic poker machines. Blackmon moved to quash the…