Commonwealth v. Hauck

The Commonwealth appeals from the order of March 3, 1982 granting appellee’s motion to dismiss indictment.

The record, pursuant to a stipulation of facts, indicates that appellee, while employed as a barmaid in an establishment which provided an electronic draw poker machine, “paid off” a liquor control agent and local police officer who had won free games on said machine. Appellee was also *463observed “paying off” other players of the machine. The machine was of the same type as discussed in Commonwealth v. One Electro-Sport Draw Poker Machine, 297 Pa.Super. 54, 443 A.2d 295 (1981), rev’d…