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STATE v. ASTORE

21 N.J. Super. 376 (1952)

91 A.2d 257

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES ASTORE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 25, 1952.

Attorney(s) appearing for the Case

Mr. Berthold Vorsanger argued the cause for the appellant.

Mr. David H. Harris, Special Deputy Attorney-General, argued the cause for the respondent. (Mr. Theodore D. Parsons, Attorney-General, attorney for plaintiff-respondent).

Before Judges FREUND, STANTON and CONLON.

The opinion of the court was delivered by STANTON, J.S.C.

The appellant was found guilty as charged upon an indictment which charged that on July 18, 1949, and divers other dates, he "did make or take what is commonly known as a book, upon the running of horses, * * *."

The indictment was founded on R.S. 2:135-3, the pertinent language of which is as follows:

"Any person who shall habitually or otherwise, * * * make or take what is commonly...

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