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STATE v. COSTA

11 N.J. 239 (1953)

94 A.2d 303

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LEONARD COSTA, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 19, 1953.

Attorney(s) appearing for the Case

Mr. David H. Harris argued the cause for appellant (Mr. Theodore D. Parsons, attorney).

Mr. Martin J. DiMaria argued the cause for respondent.

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

We certified upon the State's petition the judgment of the Appellate Division reversing Costa's conviction in the Bergen County Court upon an indictment for keeping a gambling place in violation of R.S. 2:135-3, since superseded by N.J.S. 2A:112-3. 10 N.J. 317 (1952).

We are not in accord with the opinion of the Appellate Division,

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