Alagia v. State

Delaplaine, J., delivered the opinion of the Court. On September 23, 1953, the grand jury of Cecil County found two indictments against Louis Alagia, appellant, for violating the statute making it unlawful to make or sell a book or pool on the result of any horse race. Code 1951, art. 27, sec. 306. One indictment charged appellant with various acts of bookmaking on July 30, 1953.

The other indictment charged him with similar crimes on August 22, 1953. On September 28 appellant filed motions to quash the indictments. He contended that the acts he was alleged to have committed in July and August, 1953, did not constitute crimes because bookmaking was not a crime in Cecil County during those months. The Court overruled his motions.

On October 20 the cases were consolidated for trial by agreement of counsel. After considerable testimony was taken, the Court declared a mistrial. On December 16 new counsel entered his appearance, and appellant again moved to quash the indictments, but the Court again overruled his motions. The cases were again tried before a jury.

It was shown that in July, 1953, Frank R. Diggins, an operator of a detective agency in Baltimore, undertook to make an investigation of bookmaking in Cecil County in accordance with a request of the State’s Attorney. The detective secured evidence which was used as the basis for the issuance ⁵⁷⁵ of a search warrant. On