People v. Hendricks

The judgment discloses that the defendant was convicted under the first count of the information only. We are, therefore, not necessarily concerned with the question of whether the evidence was sufficient to sustain a conviction under the second count which charged the defendant with unlawfully keeping a room used for gambling. Assuming, however, that such question were before us we are of opinion that the evidence was insufficient to sustain the charge under this count.

The first count charged the defendant with unlawfully possessing policy slips, committed as follows: “The said defendant, on…