People v. Dugan

I respectfully dissent from that portion of the majority opinion in which it holds that a “recording” of wagers by defendant is an element of the offense of syndicated gambling when premised upon bookmaking (Ill. Rev. Stat. 1981, ch. 38, par. 28 — 1.1(b)).

It is correct, as noted in the opinion, that the gist of the former offense of bookmaking was the keeping of a book, instrument, or device for the purpose of recording or registering bets or wagers (see Ill. Rev. Stat. 1959, ch. 38, par. 336), and, under that form of the statute, it was held that without a recording there could be no…