Max Weisberg v. State of Minnesota

I have no alternative but to dissent. Intent is an essential element of the crime of sports bookmaking, and the State failed to allege in the indictment that Max Weisberg had the necessary intent. The failure to allege intent was more than a “technical defect,” as the majority the very heart of the indictment and deprived Weisberg of due process.

The United States Supreme Court has made it clear that where specific intent is an essential element of a crime that intent must be alleged in the indictment. Russell v. United States, 369 U.S. 749, 763-64, 82 S.Ct. 1038, 1046-47, 8 L.Ed.2d 240…