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STATE v. SNOW

77 N.J. 459 (1978)

391 A.2d 478

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ROBERT SNOW, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 9, 1978.

Attorney(s) appearing for the Case

Mr. Stephen R. Knox, Special Deputy Attorney General, argued the cause for plaintiff-appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Leonard D. Ronco, Acting Essex County Prosecutor, of counsel; Mr. Knox, on the brief).

Mr. Donald J. Crecca argued the cause for defendant-respondent (Messrs. Sodowick, Richmond & Crecca, attorneys).

The opinion of the court was delivered by CLIFFORD, J.

Defendant was indicted for possessing lottery slips, papers and memoranda pertaining to a lottery business in violation of N.J.S.A. 2A:121-3(b), and knowingly engaging as a messenger, clerk, copyist or other capacity in a lottery business in violation of N.J.S.A. 2A:121-3(a). The latter statute makes it a misdemeanor knowingly to act as

a messenger, clerk or copyist, or in any other capacity...

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