Commonwealth v. Ajay

Patterson, P. J.,

This is a motion for a new trial and a petition for returning of mint vending machines. The defendant, W. T. Ajay, was indicted for possessing and maintaining a gambling device. The *50ease was tried before a jury and a verdict was returned finding the defendant not guilty but directing that he pay the costs. The Commonwealth was unable to prove that the slot machine in question had been actually used for gambling purposes, and probably for this reason the jury rendered the verdict of not guilty and directed the payment of the costs by defendant.

Defendant’s counsel contends that…