Saldo v. State
Saldo v. State
Opinion of the Court
delivered the opinion of the Court.
On an information charging the unlawful placing of bets on horse racing, the appellant was convicted by the court sitting without a jury and sentenced to one year in the House of Correction and a fine of $1,000. The sole question raised is as to the sufficiency of the evidence to support the verdict.
On September 1, 1954, at about 4:30 P.M., two police officers went to the McKenna Steak House, a one-story tavern and restaurant on Pulaski Highway in Baltimore County, and asked for the appellant. They were told by the girl behind the bar that he was not there. Upon the arrival of a third officer, they all three went into aback room of the tavern. As they entered, they' saw
The appellant concedes that the evidence was sufficient to establish an active gambling operation, at which the appellant was present, but denies that there was any proof of participation by the appellant, who was not shown to have any interest in the premises as tenant, employee or otherwise. He stresses the absence of any explanation for the apparent escape of the other man, the failure to show that any officer answered the telephones, that Saldo ever used the telephone or made any entry on the slips. There was no effort to prove his handwriting. On this point, however, the trial judge, who examined all the papers in evidence, expressed the opinion that “It is unquestionably true these slips are in two handwritings.” While criticizing the work of the police officers, the court found the evidence sufficient. We agree.
The evidence places the two men at each end of a table, with a scratch sheet and telephone before each, the telephones ringing and the table covered with slips in two handwritings on which bets on horses running that day
Judgment affirmed, with costs.
Reference
- Full Case Name
- SALDO v. STATE
- Status
- Published