STATE v. LUTHER

No. 73-117-C. A.

351 A.2d 594 (1976)

STATE v. John H. LUTHER et al.

Supreme Court of Rhode Island.

February 10, 1976.


Attorney(s) appearing for the Case

Julius C. Michaelson, Atty. Gen., Judith Romney Wegner, J. J. B. Wigglesworth, Sp. Asst. Attys. Gen., for plaintiff.

Leo Patrick McGowan, Providence, for John H. Luther.

Louis A. Mascia, Providence, for John J. Fogarty.

Joseph A. Capineri, Pawtucket, for Louis Ross.

John Tramonti, Jr., Providence, co-counsel, for all defendants.


OPINION

KELLEHER, Justice.

This appeal is a sequel of sorts to our holding in State v. Maloof, 114 R.I. 380, 333 A.2d 676 (1975). The defendants were charged with conspiring to violate the gambling laws. Much of the evidence presented against them resulted from the use of a tap placed on the telephone which was located in a Warwick home. The evidence indicated that Luther used the Warwick residence to receive from...

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