State v. Langan

I join in the Court’s statement of the law applicable to this case. I disagree only with the conclusion that defendant did not adequately bring to the trial court’s attention that the instruction on the knowledge required for guilt of the first count, promoting gambling, was erroneous.

The trial court told the jury:

“I instruct you that it is not necessary for the State to prove that the defendant knew that the gambling he promoted was illegal if you find he promoted gambling. Knowledge or appreciation that the conduct in question was illegal is not an element of the offense of promoting…