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SHANE CASE ARGUMENTS NEXT MONTH Albany N Y May 19 Charles F Gittins jus ¬ tice of the peace of Nassau County has filed with the Court of Appeals an appeal from an order of the Appellate Division Second Department confirming an order of Hon Townsend Scudder Justice of the Supreme Court sustaining a writ of habeas corpus sued out by Paul Shane and directing his discharge from custody custodyThis This appeal relates to the case of Paul Shane an alleged binikmaker who by an order of Su ¬ preme Court Justice Scndder released Shane hold ¬ ing that it is not a crime to bet Tn contests of speed in a horse race and that the courts cannot read such an intent in the law lawShane Shane was arrested at Belmont Park Terminal on Tune C 1912 during the race meeting of the United Hunts Racing Association It was alleged that Shane went about the track soliciting bets allowing the takers of bets or wagers to make a memoranda of the same while no record of the transaction was made in any manner by Shane ShaneJustice Justice Scudders decision in the case was that oral betting as done by Shane was not illegal and his opinion was unanimously affirmed by the Appel ¬ late Division Second Department The case Tvill be argued before the Court of Appeals about the middle of June the exact date not yet lieing set
