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Coin Slot

Issue: 1978 June 041 - Page 42

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Coin Slot Magazine - #041 - 1978 - June [International Arcade Museum]
the Court has taken judicial notice of the fact that the Courts
located in Salem, Illinois, in Marion County were open for business
from 9:00 a.m. to 4:00 p.m. on that day. The Court has taken
judicial notice of the fact that it is 18 miles from Centralia to
Salem. However, there are three roadways that lead from Centralia
to Salem. The mileage varies slightly from one to the other two
roadways. The Court took judicial notice of the fact that there is
telephonic communication between Centralia and the County Seat
located at Salem.
The facts show that the police did not have a search warrant at
the time Officer Hays entered the Defendant's home, at the time
the Defendant was arrested nor at the time the slot machine was
seized. At no time was a search warrant sought by the Police. At
no time was an arrest warrant sought by the Police.
Further, the
Defendant did not authorize or consent to the Police entry into
his home. The Defendant did not authorize or consent to the
Police seizure of the slot machine removed from the Defendant's
basement.
The State's Attorney stipulated at the Motion to Dismiss with
Counsel for the Defendant the following into evidence;
(1)
The slot machine was not possessed for the public's
use and was not open to the public for use.
(2)
The slot machine was not possessed, owned, or kept
for the purpose of making a profit.
(3)
Thousands of individuals on a daily basis purchase
contracts to buy or sell at a future time commodities where
at the time of making of said contract, it is the intent of
the parties entering into the contract that the contract
resulting shall be secured, not by receipt on delivery of such
property but by payment only of the differences of the
prices thereof.
State's Exhibits No. 1 and 2 were admitted into evidence. Defen
dant's Exhibits No. 1, 2, 3 and 4 were admitted into evidence.
DEFENDANT'S EVIDENCE
The Defendant presented several witnesses in support of his motion
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48 and as the
widely known type of slot machine in the World.
to dismiss the information.
First, Richard Bueschel, a free lance writer testified and presented
He stated that it is hard to maintain and stated that the machine was
long past years as a gambling machine. The witness equated possessing
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