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Arkansas Prosecutor Appeals Gaming Machine Ruling

20 November 2002

ARKANSAS – As reported by the (Arkansas) Times Record: "Sebastian County Prosecutor Bruce Rhoades intends to appeal a judge's ruling that several machines seized by police in May are not gambling machines.

"Circuit Judge Michael Fitzhugh ruled earlier this month that three seized `tabletop machines' which offer a variety of games ranging from trivia to poker and blackjack, are not gambling devices.

"…`The State argues and its expert testified that if the machine offers a game of poker and nothing more, it could still be considered a gaming device and subject to seizure and forfeiture. To hold such could, in the Court's opinion, subject a personal computer or a child's hand-held computer game to seizure simply because a poker game may be included in the computer game. There must be more,' Fitzhugh wrote in his decision.

"At the outset of two-day hearing on the matter, Rhoades told Fitzhugh he would not offer evidence the machines were used for gambling, saying it was not a necessary to prove the machines were gambling devices…"

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