BPOE 576, Elks Club v. State

SULLIVAN, Judge.

The Benevolent and Protective Order of Elks, No. 576 (Elks) was convicted, after a bench trial, of possession of slot machines as per I.C. 35-25-4-l(a) and was fined $500.

The Elks Club appeals that conviction and presents two issues for our review:

1) Whether the court erred in permitting photographs, taken subsequent to a defective search warrant, to be introduced into evidence, and

2) Whether the evidence is sufficient to establish that the apparatuses were operable, could have money inserted therein or that a potential user could obtain anything of value.

We affirm.

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