State v. Fitzpatrick

TAYLOR, Justice.

This proceeding was commenced pursuant to provisions of I.C. § 18-3804 for the seizure and destruction of a pinball machine owned by the defendant (appellant). The district court, on authority of Thamart v. Moline, 66 Idaho 110, 156 P.2d 187 (1945), held the machine to be a gambling device within the meaning of I.C. § 18-3801, and ordered its destruction. Execution of the order was stayed pending this appeal. The statutory definition of prohibited gambling devices (I.C. § 18-3801) so far as here involved is the same now as quoted in the Thamart case. After naming certain…