Saldo v. State

Henderson, J., 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 ⁴²³ the appellant and another unidentified person sitting at each end of a large table. There were papers on the table and two telephones which were ringing continually.

Sergeant Kisielewski testified that there was a chair at each end of the table and a telephone on each end. There were two scratch sheets on each end of the table, and slips with writing on them, “horses’ names and such as that”. In cross-examination the witness admitted that Saldo told him he had gone there to look for a job as a bartender. He did not know whether any of the slips were in Saldo’s handwriting.

He did not know what happened to the other man, but Saldo was arrested. The papers on the table were taken into custody and duly put in evidence. There was testimony that the slips bore the names of horses that were running on that date. The total of the bets indicated a play of about $1,500.

A cigar box containing currency was found in a cupboard in the room. When the State rested its case the accused did not take the stand. The appellant concedes that the evidence was sufficient to establish an active gambling