Commonwealth v. Sousa

After a lengthy trial on three gambling-related charges, the defendant, general manager of Wonderland Greyhound Park in Revere (Wonderland), was convicted of one offense: using a telephone for the purpose of “accepting wagers or bets” on dog races in violation of G. L. c. 271, § 17A. He does not contend on appeal that there was insufficient evidence to justify the conviction. He contends only that the judge’s instructions failed adequately to explain the requirements for conviction. We agree.

The charges arose out of a court-authorized wiretap of the home telephone of Abraham Sarkis, father of…