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STATE v. PINSKY

6 N.J. Super. 90 (1950)

70 A.2d 182

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NATHAN PINSKY AND ANOTHER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 4, 1950.

Attorney(s) appearing for the Case

Mr. Charles V. Webb, Jr., argued the cause for plaintiff-respondent (Mr. Duane E. Minard, Jr., Essex County Prosecutor) (Mr. C. William Caruso, Legal Assistant Prosecutor, of counsel).

Mr. Samuel I. Kessler argued the cause for defendants-appellants (Mr. Max L. Rosenstein, attorney).

Before Judges JACOBS, DONGES and BIGELOW.

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

Pinsky and Schrier appeal from a conviction for bookmaking contrary to the provisions of R.S. 2:135-3. There is no dispute as to the facts from which the jury inferred guilt. Pinsky, in his testimony, offered an explanation of the facts but obviously the jury disbelieved him. Schrier did not testify.

Detective Schultz and two other police officers, on October 28, 1948, at 2:35 P.M., went to a...

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