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STATE v. CAVANNA

70 N.J. Super. 176 (1961)

175 A.2d 233

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PETER CAVANNA, FRED FERNICOLA, JOHN J. LORDI, FRANK MARTUCCI, AND ANTHONY NAPURANO, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 1961.

Attorney(s) appearing for the Case

Mr. Clive S. Cummis argued the cause for the appellants.

Mr. Sanford M. Jaffe, Special Legal Assistant Prosecutor, argued the cause for the respondent (Mr. Brendan T. Byrne, County Prosecutor of Essex County, attorney).

Before Judges GAULKIN, KILKENNY and HERBERT.

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

Defendants Cavanna, Fernicola, Lordi, Martucci and Napurano were convicted of conspiracy "to violate the Criminal Laws of the State of New Jersey pertaining to the business of a lottery or lottery policy so-called, to wit: N.J.S. 2A:121-3." They appeal. The State filed a cross-appeal, but this has been abandoned.

Their first contention is that "N.J.S. 2A:121-3 is violative of the 14th...

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