State v. Mercurio

These are four criminal complaints against the defendants who are husband and wife. The first two charge that the husband “Did aid and assist in the recording of a bet on a horse race” and “Did knowing [sic] have in his possession a certain slip or certificate such as is used in carrying on, promoting and playing the game commonly known as policy-lottery or policy.” In the other two cases the wife is charged with the same offenses.

The four cases were consolidated for trial before a superior court justice sitting without a jury and resulted in the convictions of defendants as charged. Each…