State v. Soucie's Hotel
Supreme Judicial Court of Maine
On exceptions by claimant. Search warrant under R. S., c. 125, §§ 11 and 12, against Soucie’s hotel, in the city of Brewer, for gambling implements. A nickel-in-tbe-slot machine was seized and claimed by its owner, one Charles W. Hayes, who prayed for its return. The judge of that court ruled that the machine was subject to condemnation and ordered it to be destroyed by burning.
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On exceptions by claimant. Search warrant under R. S., c. 125, §§ 11 and 12, against Soucie’s hotel, in the city of Brewer, for gambling implements. A nickel-in-tbe-slot machine was seized and claimed by its owner, one Charles W. Hayes, who prayed for its return. The judge of that court ruled that the machine was subject to condemnation and ordered it to be destroyed by burning. The claimant excepted, and under Stat. 1895, c. 211, § 6, his exceptions were certified to this court.
1Opinion of the CourtEmery, J.
The only question raised by this bill of exceptions is whether the use in gambling of a gambling apparatus or implement by a bailee, without the consent or knowledge of the owner, the bailor, subjects it to destruction under R. S., c. 125, § 12. We think it does. As said of a similar statute in Commonwealth v. Gaming Implements, 155 Mass. 165, the effect of the statute is to impose upon the owner of gambling apparatus or implements the burden of effectually keeping them from being used in gambling. All such apparatus and implements are presumably made, owned and kept for use in gambling, and…
2Cases cited1 opinion
- Commonwealth v. Gaming ImplementsMassachusetts Supreme Judicial Court · 1892
3Cited by9 opinions
- J. B. Mullen & Co. v. MoseleyIdaho Supreme Court · 1907
- American Telephone & Telegraph Company's AppealSuperior Court of Pennsylvania · 1937
- United States v. SischoDistrict Court, W.D. Washington · 1919
- Kite v. PeopleSupreme Court of Colorado · 1903
- Stanley-Thompson Liquor Co. v. PeopleSupreme Court of Colorado · 1917
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