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STATE v. STEEVER

103 N.J. Super. 149 (1968)

246 A.2d 743

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BURTON STEEVER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 4, 1968.

Attorney(s) appearing for the Case

Mr. Edward Suski, Jr. argued the cause for appellant.

Mr. Robert L. Messick, Assistant Prosecutor, argued the cause for respondent (Mr. A. Donald Bigley, Camden County Prosecutor, attorney).

Before Judges CONFORD, KILKENNY and LEONARD.

PER CURIAM.

Defendant appeals his conviction of possession of lottery paraphernalia, prohibited by N.J.S. 2A:121-3(b). The sole ground of appeal is that football "pools," which were found on defendant's person in the course of a valid search by the police, are not lotteries within the intention of the statute.

Since 1961 a prohibited lottery has been defined in the crimes statute (N.J.S. 2A:121-6) as a "distribution of prizes...

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