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STATE v. BOGEN

23 N.J. Super. 531 (1952)

93 A.2d 398

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. VICTOR BOGEN, DEFENDANT, AND SEYMOUR S. LIEBERMAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 1952.

Attorney(s) appearing for the Case

Mr. H. Russell Morss, Jr., argued the cause for the plaintiff-respondent (Mr. Edward Cohn, attorney).

Mr. Eugene A. Liotta argued the cause for the defendant-appellant.

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

The opinion of the court was delivered by EASTWOOD, S.J.A.D.

In this appeal from his conviction for "bookmaking" the defendant contends that the court erred in denying his motion for dismissal of the indictment at the close of the State's case; that there was no proof that Lieberman was engaged in "bookmaking" contrary to R.S. 2:135-3; that the essence of the offense charged is repeated or habitual acts and that...

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