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STATE v. CONNOLLY

120 N.J. Super. 511 (1972)

295 A.2d 204

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN CONNOLLY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 22, 1972.

Attorney(s) appearing for the Case

Mr. Harry Kay argued the cause for appellant.

Mr. Michael H. Stieber, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. David N. Dubrow, Assistant Prosecutor, of counsel; Mr. Theodore W. Daunno, Legal Assistant, on the brief).

Before Judges LABRECQUE, KOLOVSKY and MATTHEWS.

PER CURIAM.

By a four-count indictment defendant John Connolly was charged with (1) acting as a messenger, clerk or copyist where a lottery business was being transacted on March 16, 1971 (N.J.S.A. 2A:121-3(a)), (2) on March 17, 1971, (3) on March 18, 1971, and (4) possession of lottery slips on March 24, 1971 (N.J.S.A. 2A:121-3(b)). At the conclusion of the testimony the fourth count was dismissed by the court and the jury returned a verdict of guilty...

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