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State v. Delouisa

Decided: December 13, 1965.

STATE OF NEW JERSEY, PLAINTIFF,
v.
VINCENT DELOUISA, ET AL., DEFENDANTS



On appeal from municipal court.

Fulop, J.c.c.

Fulop

This is a consolidated appeal by 33 defendants from convictions in the Municipal Court of the City of Elizabeth. It is being heard de novo on stenographic transcript.

A complaint was filed against defendants charging "that on the 10th day of October, 1964, at Elizabeth, County of Union and State of New Jersey" defendants "then and there at 7 Center [ sic ] St., Elizabeth, N.J. disorderly persons, engaged in a card game, contrary to the provisions of City Ordinance to Prevent and Prohibit Gambling in the City of Elizabeth, N.J."

Defendants were tried and convicted. Each was sentenced to pay a fine of $200 and ten days in the county jail, jail sentence suspended. They all appeal.

It will be helpful to set out in full the 1956 ordinance under which defendants were charged and the 1959 amendment. They read as follows:

"AN ORDINANCE TO PROHIBIT AND PREVENT GAMBLING IN THE CITY OF ELIZABETH AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELIZABETH:

SECTION 1. No person or persons, firm or corporation shall deal, play or engage in faro, roulette, dice or card games or other device, or have in his possession any ticket, slip or other writing or printing or any interest or share or showing or indicating an interest, share, bet or pledge in any pool, lottery, racing contest or other game of chance, or shall gamble in any form; and no person, persons, firm or corporation shall aid, abet, assist or participate in any such pool, lottery, race or other contest or game of chance.

This section shall not be construed to apply to the holding and operation of games of chance commonly known as bingo or lotto under a license duly issued under the provisions of the 'Bingo Licensing Law,' and the holding and operation of games of chance commonly known as a raffle or raffles under a license duly issued under the provisions of the 'Raffles Licensing Law.'

SECTION 2. Any person or persons, firm or corporation violating any of the provisions of this ordinance shall be subject to a fine not exceeding five hundred ($500.00) dollars, to be assessed and recovered in the Magistrate's Court of the City of Elizabeth, or shall be imprisoned in the Union County Jail for a term not exceeding six (6) months, or both, at the discretion of the court.

SECTION 3. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance be and the same are hereby repealed, and this ordinance shall take effect immediately."

Approved November 9, 1956.

"AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED 'AN ORDINANCE TO PROHIBIT AND PREVENT GAMBLING IN THE CITY OF ELIZABETH AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF,' ADOPTED NOVEMBER 8, 1956.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELIZABETH:

SECTION 1. That Section 2 of the above ordinance be amended to read as follows:

'Section 2. Any person or persons, firm or corporation violating any of the provisions of this ordinance shall be subject to a fine not exceeding two hundred ($200) dollars, or shall be imprisoned in the Union County Jail for a term not exceeding ninety (90) days, or both, at the discretion of the court.'

SECTION 2. All ordinances or parts of ordinances inconsistent herewith be and the same are hereby repealed, and this ...


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