"TOTE" BETTING CHARGE.

New Zealand Herald, Volume LXI, Issue 18631, 12 February 1924, Page 5

"TOTE" BETTING CHARGE.

SENTENCE OF IMPRISONMENT. QUESTION OF AN APPEAL. The adjourned case of Reginald Gamble (Mr. Leary), aged 29, charged oil four counts with having laid tot&lisator odds, Teas concluded before Mr. J. W. Poynton, S.M., in the Police Court yesterday. When the case was before the Court on February 4, counsel submitted that there was no proof of any agreement to pay totalisator odds. The only evidence was that there had been a bet. The magistrate reserved decision on this point. In giving his decision yesterday, Mr. Poynton said that cards found on accused when he was arrested showed records of dividends paid on totalisator odds. He held that there was a case to answer. Counsel then asked that accused be formally sentenced to give him an opportunity of making arrangements for appeal. The magistrate sentenced Gamble to one month's imprisonment on the first charge and convicted and discharged him on the remaining three. Counsel pointed out that the sentence would not permit of an appeal being made. He asked that it be increased by a day. This was refused, despite Mr. Leary s statement that he had net put forward his defence as he understood he wa3 to be allowed to appeal. The magistrate pointed out that counsel could still appeal on the legal point. Security for appeal was fixed at £20. The two charges against Gamble of carrying on the business of a bookmaker were on the application of Senior-Detec-tive Hammond, adjourned sine die.