Davis v. State

The defendant, through the 'excellently argued and neatly prepared briefs of his counsel, contends that his forty-six machines here in question never paid off automatically, never delivered a prize, and in fact, could not do either because they did not have the machinery or mechanism necessary to do that act or operation; that all of which foregoing means that they were not “gambling devices per se;” that a machine, which is not a gambling device per se, becomes an instrument of crime only when put to a criminal use; and that, in addition to there being no evidence that the machines here were…