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STATE v. KUZNITZ

36 N.J. Super. 521 (1955)

116 A.2d 588

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL M. KUZNITZ AND CORNELIUS REILLY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 22, 1955.

Attorney(s) appearing for the Case

Mr. Leo Kaplowitz argued the cause for the appellants (Messrs. Margulies & Kaplowitz, attorneys and of counsel).

Mr. John Lombardi argued the cause for the respondent (Mr. H. Russell Morss, Jr., Prosecutor of Union County, attorney).

Before Judges HUGHES, HETFIELD and MARIANO.

The opinion of the court was delivered by MARIANO, J.S.C. (temporarily assigned).

Defendants were convicted before a jury for making book on horse racing contrary to N.J.S. 2A:112-3, which activity is characterized as a misdemeanor under the said statute, and they appeal.

While their argument is mainly addressed to the failure of the trial court to grant their respective motions for a judgment of acquittal at the close of the State's case, they...

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