State v. $1,760 in U.S. Currency (Per Curiam)Annotate this Case
The State seized thirty-seven gaming machines called "eight-liners" after the sheriff's department executed a warrant to search a game room owned by Sammy Barnes. The warrant was obtained after an investigation, which yielded information that the eight-liners were awarding players tickets they could redeem for future play on another day, referred to as non-immediate rights of replay. Barnes challenged the seizure, contending that his eight-liners were statutorily excluded from the definition of "gambling device" because the contrivances rewarded players "exclusively with noncash merchandise, prizes, toys, or novelties." The trial court ordered the eight-liners forfeited to the State. The court of appeals reversed, holding that the eight-liners fell within the exclusion to the definition of "gambling devices" because the non-immediate rights of replay could be considered "novelties" under the exclusion. The Supreme Court reversed, holding that non-immediate rights of replay are not novelties, and therefore, the eight-liners did not fall within the exclusion because the distributed tickets were not redeemable exclusively for noncash merchandise, prizes, toys, or novelties.