State v. Costa

The opinion of the court was delivered by

William J. Brennan, Jr., J.

We certified upon the State’s petition the judgment of the Appellate Division reversing Costa’s conviction in the Bergen County Court upon an indictment for keeping a gambling place in violation of R. S. 2:135-3, since superseded by N. J. S. 2A :112—3. 10 N. J. 317 (1952).

We are not in accord with the opinion of the Appellate Division, 20 N. J. Super. 28 (1952), that the trial court should have granted Costa’s motion for acquittal and that it was error to comment in the charge upon Costa’s failure to take the stand. We agree,…