This particular pursuit is embraced within the prohibitions of our gaming statute
A judgment of the District Court was entered upon verdict of a jury finding appellant, Michael Sesso, guilty of the crime of setting up and keeping a gaming place in the District of Columbia for the purpose of betting upon the results of horse races. Appellant conceded in oral argument the inadequacy of several allegations of error relied upon in his brief, and urges a reversal solely upon the insufficiency of the Government’s evidence to establish that a gaming place was set up and maintained within the meaning of the statute, or, if so, that the appellant was connected therewith.
Act of Mar. 3, 1901, 31 Stat. 1331, c. 854, § 865, D.C. Code (1940 ed.) Tit. 22, § 1504. Beard v. United States, 65 App.D.C. 231, 82 F.2d 837, certiorari denied, 298 U.Ct. 675, 80 L.Ed. 1382; Nuckols v. United States, 69 App.D.C. 120, 99 F.2d 353.
We are of the opinion that there was more than ample evidence that a gaming place was illegally set up and maintained. To establish its case, the Government relied upon uncontradicted evidence gathered by the Metropolitan Police, who had the premises under surveillance for a six months’ period between January 18 and July 18, 1941. The premises were at 1110 Eighth Street, S.E., and were owned by Mary Sesso, mother of the appellant. The front room was operated as a barber shop, the occupancy permit to which was held by Anthony Sesso, brother of the appellant. Wilbur E. Norris, colored, was employed there as a boot-black. There was a rear room, which was separated from the barber shop by a thick door. A lock and five inside bolts secured this door, and a small peephole had been cut therein. In the rear of the back room was another heavy multi-bolted door, which led into a back yard. The yard was enclosed with a high board fence in which there were two gates of the same height as the fence. Beneath the back room was a basement with doors leading to the room above and to the back yard. Both of these doors were equipped with locks.
Several policemen visited the premises at least eight times during the period stated
Sometimes the door leading from the barber shop into the rear room was unbolted only after considerable delay during which the unmistakable scamper of retreating feet was heard running through the rear door. The police entered the back room and basement to find the air congested with heavy tobacco smoke. The officers observed horse race slips and racing forms scattered over the floors. In the basement they saw shelves stacked with scratch pads, pencils, racing forms, horse racing slips, and scratch sheets. The basement contained a counter, upon which was a money till, and a short wave radio with headphones. On one occasion, when the police had surrounded the place, they saw Wilbur Norris signal their arrival and then observed sixteen men scrambling over the back fence and through the back yard gates. On another dating sites for people over 50 occasion the officers surprised six of the apparent patrons in the rear room while they were deeply engrossed in the study of scratch sheets and racing forms.
S. 655, 56 S
On July 18, 1941, after procuring a search warrant, several officers forced their way into the rear room after subduing resistance offered by Anthony Sesso and Wilbur Norris. In the basement they found sixteen men, and a locker containing $50 in bills and a number of small paper slips with written matter on them. On some were written names with numbers annexed, and on others only numbers. One of the slips had on it the name of “Tony Weaver” with numbers beside it; an “Armstrong Scratch Sheet” found at the time in the room and bearing the date of the raid, listed “Tony Weaver” as the first selection in the third race at Empire City.
