State v. One Super Cherry Master Video 8-Liner MacHine

Today, in Hardy v. State, 102 S.W.3d 123 (Tex.2003), we held that although the State must establish probable cause before initiating a forfeiture proceeding, the person found in possession of an alleged gambling device has the burden to prove, by a preponderance of the evidence, at a show cause hearing either that the machine is not a gambling device or that the exclusion in Penal Code section 47.01(4)(B) applies. Id. Further, we held that devices, known as “eight-liners,” that dispense tickets redeemable for cash, even if used only for additional play, or for gift certificates redeemable at…