In his answer he averred that the machine was an amusement device and a mechanical game for amusement only and prayed that it may be ordered returned to him and the petition dismissed. Henry Fox filed an answer admitting that he was the owner of the machine, denied that it is a gambling device, specifically denied that it is such per se and denied that its seizure was pursuant to law. The petition prayed for an order authorizing its destruction.
USED PINBALL MACHINES IN PA FREE
After the seizure, the State's Attorney filed a petition alleging, among other things, that Paul Margason, a Deputy Sheriff, on October 20, 1941, entered the place of business of Henry Fox located in Rockford, and known as the Sportland Amusement Arcade, and found therein a gambling device in which he hazarded and played money in the machine in return for which he received certain free games that the machine was a gambling device per se, commonly known as a pinball machine that five balls may be played for five cents and that the player is not in control of the balls while they are in motion and that the machine was seized in pursuance of the law and is now in custody of the Sheriff. The machine was in the possession of Henry Fox and was summarily seized in his place of business in the City of Rockford by Deputy Sheriffs after one of them had played it. This is an appeal from an order of the County Court of Winnebago County ordering the destruction of a certain pinball machine as a gambling device. From an order ordering the destruction of the machine as a gambling device, Henry Fox appeals.
Proceeding by the People against One Pinball Machine owned by Henry Fox wherein Henry Fox filed an answer admitting that he was the owner of the machine and denying that it was a gambling device or a gambling device per se and denying that its seizure was pursuant to law and averring that the machine was an amusement device and a mechanical game for amusement only and praying for an order directing return of the machine to him.
Appellate Court of Illinois, Second District.Īppeal from County Court, Winnebago County Fred J.
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