People v. Di Carlo

Love, J. (dissenting in part).

The indictment charges three defendants, Di Carlo, Tronolone and O’Neill in five counts with the commission of the following crimes: The first three for the crime of conspiracy, (a) to keep

gaming and betting establishments, (b) to commit the crime of book-making and (c) to obstruct justice and the due administration of law pertaining to gambling. The fourth and fifth counts in substance charge the defendant O’Neill, a public officer, with neglect and omission of his duty as a police officer, and the other two defendants with aiding and abetting him. The jury…