DONOVAN, District Judge.
These two proceedings are before the Court on defendants' motion in each case to dismiss the indictments herein on the ground that they "do not state an offense."
The indictments are substantially the same for present purposes. They charge the defendants with maintaining and operating within a certain place and premises occupied by them "a so-called `slot' machine of the pinball type, which operated by means of insertion of a five...
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