Commonwealth of Pa. v. Heiland

Pee Ctjeiam,

The defendant was charged with setting up a gambling device “to wit, mint slot machines at which money and other valuable things were played for.”

The trial judge decided that the Commonwealth had failed to prove that the machine was a gambling device and directed the jury to render a verdict of “not guilty” and to dispose of the costs, and the jury did accordingly, and rendered a verdict of “not guilty,” and placed the costs on the defendant. The Commonwealth appealed. This it had no right to do.

In cases charging nuisance, forcible §ntry and forcible detainer, the Commonwealth is…