Martucci v. Detroit Commissioner of Police

This is an action by the appellee, Joe Martucci, for mandamus to compel the return to him of $599.91, which is in the possession of appellant. The circuit court issued the writ of mandamus directing appellant to return the money to appellee and this appeal followed.

The money is admittedly the proceeds of unlawful gaming; more particularly from the running of a baseball pool. It came into possession of appellant on May 2,1947, when three police officers of Detroit, Michigan, in answer to a complaint, arrested the appellee herein and one Frank Tripp at the latter’s residence where they found…