United States v. James v. McDonough

ALVIN B. RUBIN, Circuit Judge:

A federal statute makes criminal the transmission of wagers in interstate commerce. 1 This court held in Martin v. United States 2 that such transmission is proscribed whether or not wagering is forbidden by the law of the state where the bet is received. That decision determines the law of the circuit, so we affirm a conviction for receiving bets on baseball and football games by telephone from Texas to Massachusetts despite the lack of evidence or any charge that placing such bets in Massachusetts was a state criminal offense.

James V. McDonough, who received…