Judge to rule Aug. 18 in Muse slot machine case

Published: Wednesday, July 16, 2014 at 06:26 PM.

Late in the case on Wednesday, assistant district attorney Robert McAfee made a motion to modify the charges against Muse to include the individual identification numbers of each gaming machine on each of the charges. Defense attorneys objected saying the state had had since October when the charges were made to get its paperwork right, but Judge Mills granted the motion.

Muse’s attorneys, Gary Clemmons and Marc Chesnutt, argued that the state was unable to match the individual machines with the specific counts against Muse.

Clemmons and Chesnutt declined to call any witnesses or present any evidence in Muse’s defense on Wednesday. They did make a motion to dismiss the case based on insufficient evidence, but Mills denied the motion.

In closing arguments, McAfee said the gaming machines shown in evidence met the definition of slot machines in state law.

“If you put 10 bucks in and you don’t get 10 bucks out, that is a slot machine,” McAfee said.

At issue is whether skill is required to operate the machines. Games of chance could be deemed illegal but a game in which skill is required could be determined to be legal.

“The defense has made quite a bit of hay about how much skill it is to push a button,” McAfee said. “ … The element of skill is totally thwarted by chance. … Common sense is that these are slot machines.”

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