Commonwealth v. Irwin

OPINION

MONTEMURO, Justice.

This is an appeal from an order of the Superior Court, 422 Pa.Super. 48, 618 A.2d 1009, affirming the judgment of the Court of Common Pleas of Westmoreland County denying appellants’ petition for return of prop*1107erty. Appellants, Wylie E. Irwin and Diana W. Irwin, are owners of a business known as Side Show Pizza. The Commonwealth seized certain amusement games from the appellants’ establishment as gambling devices, and appellants commenced this action to compel the return of the games pursuant to Pa. R.Crim.P. 324.1 The sole question presented for our review is…