Nu-Ken Novelty, Inc. v. Heller

Opinion by

Jacobs, J.,

This appeal is from an order of the lower court directing the return of thirteen pinball machines to their owner, Nu-Ken Novelty, Inc. The machines in question had been confiscated by the Pennsylvania State Police under authority of the Act of March 31, 1860, P. L. 382, §60, 18 P.S. §1445. This act provides for confiscation and forfeiture of “any device or machine . . . used and employed for the purposes of unlawful gaming. . . .” The question presented by this appeal is whether the confiscated pinball machines are in fact devices “used . . . for . . . unlawful gaming”…