Mayes v. State

Pope, Presiding Judge.

Eddie Mayes appeals the judgment in this civil forfeiture action under Georgia’s gambling forfeiture statute, OCGA § 16-12-32. Based on the following facts, we vacate the judgment and remand the case with direction.

On January 9, 1997, Investigator W. L. Jones of the Atlanta Police Department received information that illegal gambling was taking place at Mayes’ business, the Rib Shack. Accordingly, that day Jones went to the Rib Shack and saw several people he knew as gamblers enter and leave the building. Jones saw neither food sales nor food preparation, but he did…