49 N.J.L. 471 | N.J. | 1887
The opinion of the court was delivered by
The plaintiff in error was indicted for maintaining a public nuisance. The form of the indictment was the ordinary one for keeping a disorderly house, and he was convicted thereon. The alleged offence was the carrying on by him, upon the grounds of the Monmouth Park Association (a society for horse-racing in the county of Monmouth), during the racing season (in July, August and September) of 1885, from day to day, the business of “ bookmaking ” or betting upon horse races to take place upon the race course of that association there. He carried on the business in a box or booth, within the covered enclosure of the association under what is called the grand stand. He was authorized by the association to carry on the business there, and paid a rent or fee to them for the privilege. The race course and the box or booth were places of public resort, and were frequented during the racing season, by great numbers of persons, who were invited by McClean to his box or booth to bet upon the races. There were a number of these boxes in the same place, occupied by other persons, who carried on there the same business. The defendant thus kept a place of public resort for the purpose of betting upon the result of horse
The judgment of the Supreme Court should be affirmed.