State v. Gambling Device

OPINION

WILSON, Justice.

This appeal arises from a forfeiture proceeding instituted by the State of Texas pursuant to article 18.18 of the Texas Code of Criminal Procedure (Vernon 1993). In three points of error, the State appeals the trial court’s denial of its petition for forfeiture. We reverse and remand.

I. Fact Summary

On December 2, 1990, the State seized a trailer containing 24 “Bulldozer” games, which were being operated on a grocery store parking lot. The seized games fall within a category of amusement games known as “pusher” machines or “penny falls.” These games generally consist of…