Hardy v. State

This is a civil forfeiture case. The State of Texas seized, among other things, twenty gaming machines, commonly known as eight-liners, while executing a search warrant at Game Time Amusements in Burle-son, Texas. Milton Wayne Hardy and Lo-vell Green Hardy, owners of Game Time Amusements, filed a petition seeking re turn of the seized items, contending that the State could not satisfy its burden to prove by a preponderance of evidence that eight-liners: (1) are illegal gambling devices under section 47.01(4) of the Texas Penal Code; and (2) are not protected from seizure by an exclusion to…