State v. Del Bianco

A bet or wager on a horse race is a gambling contract which is prohibited by our statute (R. L., c. 447, s. 7; McQuesten v. Steinmetz, 73 N. H. 9) except as pari mutuel horse racing and gambling is permitted and regulated by statute. R. L., c. 171; North Hampton ifee. Ass’n v. Commission, 94 N. H. 156. One of the defendant’s defenses is stated as follows: “In accordance to the evidence submitted, there was no intention on the part of Officer Philbrick to wager. Therefore there was no meeting of the minds.” While it is undoubtedly true that officer Philbrick’s intention was to obtain evidence…