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STATE v. GATTLING

95 N.J. Super. 103 (1967)

230 A.2d 157

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES L. GATTLING, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 1967.

Attorney(s) appearing for the Case

Mr. Robert I. Ansell argued the cause for appellant (Messrs. Anschelewitz, Barr & Ansell, attorneys).

Mr. Thomas L. Yaccarino, Assistant County Prosecutor, argued the cause for respondent (Mr. Vincent P. Keuper, Monmouth County Prosecutor, attorney).

Before Judges CONFORD, FOLEY and LEONARD.

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

Defendant appeals from a judgment of conviction for knowing possession of lottery or lottery policy slips (N.J.S. 2A:121-3(b)), entered following a jury trial.

The State adduced testimony that on December 3, 1966 defendant was possessed of certain slips pertaining to the business of a "numbers" game. At the conclusion of the State's case defendant moved for a judgment of acquittal on the grounds...

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