#### City of Chicago, Defendant in Error, v. Thomas Osborn, Plaintiff in Error.

Gen. No. 18,564.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Henbt C. Beitler, Judge, presiding.

Heard in this court at the October term, 1912.

Reversed.

Opinion filed February 2, 1914.

Statement of the Case.

Complaint by City of Chicago against Thomas Osborn charging defendant with gambling in violation of Section 978 of the Municipal Code of Chicago. From a judgment finding defendant guilty, defendant appeals.

Henry M. Seligman, for plaintiff in error.

William H. Sexton and James S. McInerney, for defendant in error; Albert J. W. Appell, Ulysses S. Schwartz and John Prystalski, of counsel.

*94Abstract of the Decision.

Gaming, § 73*—when evidence insufficient to show person guilty of bookmaking. On prosecution of a person for bookmaking in violation of the Municipal Code of Chicago, a verdict of guilty, held not sustained by the evidence, there being no evidence that any one made a bet with defendant or that a bet was made at the place named in the complaint.

Mr. Presiding Justice Baker

delivered the opinion of the court.