State v. Thirty-Six (36) Pinball MacHines

The opinion of the court was delivered by

Fromme, J.:

This action was brought in the name of the state of Kansas upon the relation of the district attorney under K.S.A. 22-3901, et seq., to abate thirty-six (36) pinball machines as common nuisances alleging they had been possessed and used as gambling devices and should be destroyed. The District Court of Wyandotte County, Kansas, ordered thirty-one (31) of the thirty-six (36) machines returned to the owners. The order was based largely on failure of the state to prove that the owners of the machines had knowledge that the machines were being…