Opinion
No. 150, Docket 27588.
Argued November 29, 1962.
Decided November 29, 1962.
Allen S. Stim, New York City, (Menahem Stim and Paul J. Curran, New York City, on the brief), for appellant.
John S. Martin, Jr., Asst. U.S. Atty., New York City, (Vincent L. Broderick, U.S. Atty., and Andrew T. McEvoy, Jr., Asst. U.S. Atty., New York City, on the brief), for appellee.
Before CLARK, MOORE, and KAUFMAN, Circuit Judges.
The evidence was quite clear that defendant, while not a big operator, did accept bets on horse races from his associates to be placed with a "bookie"; and the verdict of conviction was therefore justified. The charge was exemplary; of course the judge was not obligated to charge in appellant's requested language. The rulings on evidence to which exception was taken were well within the court's discretion. The decision is affirmed in open court.
Affirmed.