State v. Ellis

The State sued out a search warrant pursuant to the provisions of Section 13200 of the Code of 1924. The searching officers seized, in the place of business of the defendant named herein, a certain vending machine which is alleged to be a gambling device. Such defendant, however, is not under prosecution in this case, the prosecution being confined solely to the condemnation of the machine. The fighting point in the case is whether the machine seized is a gambling device, within the meaning of the law. Gambling is defined in our statutes by Sections 13202 and 13203, Code of 1924.

The machine…