Com. v. Pasquale
| Decision Date | 13 November 1956 |
| Citation | 138 N.E.2d 204,334 Mass. 669 |
| Parties | COMMONWEALTH v. Joseph PASQUALE. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Joseph S. Virostek, Asst. Dist. Atty. (A. Andre Gelinas, Asst. Dist. Atty., Fitchburg, with him), for Commonwealth.
Robert V. Mulkern, Leicester, for defendant.
Before WILKINS, C. J., and SPALDING, WILLIAMS, COUNIHAN and WHITTEMORE, JJ.
After a finding of guilty in the District Court the defendant on appeal was found guilty by a jury in the Superior Court upon a complaint which charged that on September 30, 1954, he 'Did occupy or was found in a place, to wit: On Front Street (Opp. 182) with apparatus, books or device for registering bets, and did register bets on the speed of a horse.' Of his exceptions, the only one argued is that taken to the denial of his motion for a directed verdict of not guilty presented after he had rested at the conclusion of the Commonwealth's evidence.
This evidence in substance was that the defendant was a licensed taxi driver and on September 30, 1954, was waiting with an automobile which was under his control on Front Street, Worcester, to take passengers to the race track. The automobile was unoccupied and was parked at the curb. Policemen who held a warrant to search the automobile for gaming implements asked the defendant to accompany them with the automobile to police headquarters where a search of the automobile revealed 'nothing of consequence.' The defendant at the request of the police emptied his pockets and produced therefrom a pencil and a slip of paper on which was written in pencil, '1st John J. Jr. 2-0-0 6th Jiffy 2-0-0. 7th Lunar Park 2-0-0.' The word 'Pat' had been written above the words 'Lunar Park.' The names on the slip were those of horses scheduled to race at the Suffolk Downs race track on September 30, 1954. The defendant also had in his possession with other moneys a five dollar and a one dollar bill.
General Laws (Ter.Ed.) c. 271, § 17, so far as here material, provides that 'Whoever * * * is found in, any place, [or] way, public or private * * * with apparatus, books or any device, for registering bets * * * upon the result of a trial or contest of skill, speed or endurance of man, beast, bird or machine * * * or, being such * * * occupant, person found or person present, as aforesaid, registers such bets * * * shall be punished * * *.'
The defendant in his brief states that he does not deny that he was found in a place or way which 'would satisfy the requirements of the statute' or that the slip of paper found upon his person could be found to be an apparatus for registering bets. See G.L. (Ter.Ed.) c. 271, § 27. His only contention is that there was no evidence that he was...
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...of such apparatus and devices anywhere.' See Commonwealth v. Chagnon, 330 Mass. 278, 282, 113 N.E.2d 50; Commonwealth v. Pasquale, 334 Mass. 669, 670, 138 N.E.2d 204. We need not consider what circumstantial evidence may be enough to show that a defendant, present in a room in which there i......
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