REARDON, J.
The defendant was convicted upon two indictments which severally alleged that "on the thirtieth day of December ... [1961 he] was concerned in the setting up of a certain lottery for money, to wit: the so called number pool," and that on the same day he "was found [on William J. Day Boulevard in Boston] with certain apparatus, books and other devices, for the registering of bets upon the results of trials and contests of the skill, speed and endurance...
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