State v. Mustachia

Defendant appeals from a conviction and sentence for violating Act 127 of 1920 by accepting a bet upon a horse race outside of an inclosed and licensed race track.

Accused was not represented by counsel in the trial, but after conviction counsel appeared for him and moved for a new trial, “for the reason that said Act 127 of 1920 is unconstitutional,” which was overruled; and a motion in arrest of judgment was. then urged upon the same ground, and likewise overruled.

It is contended that the act violates section 4 of article 4 of the Constitution of 1921, declaring that:

“The Legislature shall…