Sterling Novelty Co. v. Commonwealth

CULLEN, Commissioner.

This proceeding was commenced when the Commonwealth filed a motion in the Fayette County Court to condemn and forfeit 142 slot machines, identified in the motion by serial numbers. Sterling Novelty Company, owner of the machines, was designated as the defendant. A jury in county court found that the machines were “ultimately intended to be used for gambling” and judgment was entered ordering their destruction.

An appeal was taken by the Novelty Company to circuit court and the proceeding was tried, over objection of the Company, as a criminal case. The circuit court jury…