Gallinaro v. Commonwealth

The petitioners have excepted to orders of the single justice, after hearing, denying their substantially identical petitions for writs of error with respect to judgments sentencing each to imprisonment.

Each petitioner was convicted of violations of G. L. c. 271, § 17, alleged separately in three indictments. In relevant part, § 17 provides for punishment “by a fine of not more than three thousand dollars or by imprisonment” (emphasis supplied) of any person who “. . . is found in any place . . . with apparatus, books or any device, for registering bets . . . upon the result of a trial or…