STATE v. BEVACQUI


18 N.J. Super. 501 (1952)

87 A.2d 542

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY BEVACQUI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 1952.


Attorney(s) appearing for the Case

Mr. Edward F. Juska argued the cause for appellant.

Mr. George A. Gray, Assistant Prosecutor, argued the cause for respondent (Mr. J. Victor Carton, Monmouth County Prosecutor, attorney).

Before Judges McGEEHAN, JAYNE, and WM. J. BRENNAN, JR.


The opinion of the court was delivered PER CURIAM.

The defendant-appellant was convicted by the jury of making a book upon the running of horses contrary to the provisions of R.S. 2:135-3. The evidence at the conclusion of the State's branch of the trial clearly established to a prima facie degree the guilt of the defendant requiring the submission of the case to the jury.

"One thing, however, is certain, and that is that when there is any testimony...

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