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People v. Rose

OPINION FILED DECEMBER 1, 1976.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,

v.

WILLIAM ROSE, DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of Cook County; the Hon. DAVID J. SHIELDS, Judge, presiding.

MR. PRESIDING JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:

The State appeals pursuant to Supreme Court Rule 604(a)(1) (Ill. Rev. Stat. 1975, ch. 110A, par. 604(a)(1)) from an order dismissing two criminal complaints for failure to state offenses.

Defendant is the vice-president and general manager of the Pegasus Company, which describes itself as a racetrack messenger service. They accept money at various off-track sites and deliver it to local racetracks, where it is then wagered according to the directions previously provided by their customers. For their service, they charge 10% of the amount of the wager, regardless of the outcome of the race.

Defendant was charged in two complaints with gambling and in a third complaint with keeping a gambling place in violation of sections 28-1(a)(5) *fn1 and 28-3 *fn2 of the Criminal Code. (Ill. Rev. Stat. 1975, ch. 38, pars. 28-1(a)(5), 28-3.) *fn3 A bench trial on the first gambling charge resulted in defendant's acquittal. Turning its attention to the two remaining cases, the court noted that they arose from "approximately similar circumstances" as the first case. However, rather than enter a finding of not guilty on these charges, the court announced it would entertain a motion to dismiss. (Ill. Rev. Stat. 1975, ch. 38, par. 114-1.) It suggested that the remaining cases be disposed of in this manner, in order to allow the State to appeal, an avenue foreclosed to them by a finding of not guilty. (Ill. Rev. Stat. 1975, ch. 110A, par. 604(a)(1).) The court stated that its intention in allowing the State to appeal was to obtain precedent as to whether racetrack messenger services, such as Pegasus, are legal. In preparation for appeal, the court advised the State to amend their complaints, setting forth the basis of their argument, a stipulation of facts, and the evidence adduced at the just concluded trial. Thereafter, the State amended the complaints to their present form.

"AMENDED COMPLAINT 75MC1 E740420

Officer Edgar Buck, complainant, now appears before The Circuit Court of Cook County and states that William Rose has, on or about July 9, 1975 at Suite 213, 343 S. Dearborn, Chicago, Illinois, committed the offense of Gambling in that he knowingly accepted and possessed seven dollars ($7.00) U.S.C. from Mrs. Vera Garrison for the purpose of using part of that money to purchase pari-mutuel tickets at Arlington Park Race Track on behalf of Mrs. Garrison, said purchase to be performed by an agent or employee of `Pegasus Co.', a licensed Illinois Corporation (see copy of Charter, including Corporate Purposes attached), pursuant to the terms and conditions set forth on a printed form (front and reverse side) which was filled out by William Rose and initialed by William Rose and Vera Garrison. (See Copy of order slip attached). Further, William Rose wrote the letters `AP' next to `track' on the form, signifying Arlington Park, and wrote various numbers on the form indicating three horses in separate races with a $2.00 wager to be placed on each, in violation of Chapter 38, Section 28-1(a)(5), Illinois Revised Statutes."

"AMENDED COMPLAINT NO. 75MC1 E740421

Officer Edgar Buck, complainant, now appears before The Circuit Court of Cook County and states that William Rose has, on or about July 9, 1975 at Suite 213, 343 S. Dearborn, Chicago, Illinois, committed the offense of Keeping a Gambling Place in that he knowingly on premises occupied and controlled by him as an officer of `Pegasus Co.' on the above premises, accepted seven dollars ($7.00) U.S.C. from Mrs. Vera Garrison for the purpose of using part of that money to purchase pari-mutuel tickets at Arlington Park Race Track on behalf of Mrs. Garrison, said purchase to be performed by an agent or employee of `Pegasus Co.,' a licensed Illinois Corporation (see copy of Charter, including Corporate Purposes attached), pursuant to the terms and conditions set forth on a printed form (front and reverse side) which was filled out by William Rose and initialed by William Rose and Vera Garrison. (See copy of order slip attached.) Further, he knowingly permitted said premises to be used in the same manner for the ordering of wagers by the general public, in violation of Chapter 38, Section 28-3, Illinois Revised Statutes."

The "order slip" and "printed form" referred to and incorporated into the amended complaints are contained on a single printed page. Side one consists of a grid with spaces to mark the race, horse, and amount wagered. Below this is an authorization contract with signature lines for both the customer and a representative of Pegasus. The contract provides:

"I herewith appoint any person provided by Pegasus Company, to act as my attorney in fact in purchasing parimutuel tickets for me, as above indicated. I do so subject to the terms and conditions on the reverse side hereof. I direct my agent:

[] Redeem my parimutuel tickets

[] DO NOT redeem my parimutuel tickets

I authorize and direct Pegasus to deliver money or property accruing hereunder to the bearer of ...


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