Commonwealth v. Kaiser

Opinion by

Trexler, J.,

Upon a presentment a true bill was returned charging Frank Kaiser with setting up gambling devices in divers places. The court below quashed the indictment for duplicity, holding that each setting up was a distinct offense to be charged in a separate count. Subsequently the court ordered the slot machines that had been seized as the property of the defendant to ,be destroyed, but upon request stayed the order and had a hearing, after which the order was confirmed, and from that order the present appeal is taken.

The authority for the order must be found in the 59th and…