Com. of Pa. v. Heiland

Opinion by

Cunningham, J.,

The Commonwealth has appealed from an order of the court below directing the district attorney of Som erset County to return to their owner, L. G-. Heiland, seven slot machines, seized as gambling devices.

The record before us is somewhat confused through the improper intermingling of proceedings against the machines, themselves, under Section 60 of the Penal Code of March 31, 1860, P. L. 382, 398, 18 PS §1445, with criminal prosecutions against their owner, and the persons to whom he distributed them, under Section 55 of the Code, P. L. 397, 18 PS §1441, (as amended…