For the defendant in error, William A. Wachenfeld and Joseph E. Conlon.
For the plaintiffs in error, Harold Simandl.
For George Lloyd, Harold Simandl.
For Robert E. Dudley, James A. Palmieri.
Before Brogan, Chief Justice, and Justices Case and Heher.
The opinion of the court was delivered by
CASE, J. The writ of error brings up a judgment of conviction, following a jury verdict, of Robert E. Dudley and George Lloyd on an indictment charging that they "were the holders of a sum of money, betted, staked and wagered upon the results of a running race * * * thereafter to be run * * *." The indictment was found under R.S. 2:135-7 which provides that "Any person who shall be a stakeholder of any sum of money or other thing which is bet, staked or wagered upon any running, pacing or trotting race of horses, mares or geldings, * * * shall be guilty of a misdemeanor." Reduced to the terms of the proofs, the question tried was whether the defendants were stakeholders with respect to a check for $233 delivered by Thomas A. Davis, Jr., to Robert E. Dudley on April 9th, 1940. The check reads as follows:
Caldwell, N.J., April 9th, 1940.
THE CALDWELL NATIONAL BANK
Pay to the order of Geo. Lloyd $233.00
Two hundred thirty-three 00/100 ...