Earl Warren

“ The Government thus had to convince the jury that petitioner was the causative factor prompting the calls, [6] proof not required for the third and fourth counts. Petitioner placed his defense upon the argument that it was unlikely that he, a lowly bookie, caused his customers, men of substantial means, to make the telephone calls. It is at least arguable that the jury, faced with overwhelming evidence of petitioner's guilt of the registration and tax charges, allowed this fact to influence their deliverations concerning the interstate gambling offenses. ”

“ Section 1084 applies to individuals 'engaged in the business of betting or wagering'; § 1952 refers to the use of interstate facilities to carry on 'any business enterprise involving gambling'; and §§ 4411 and 4412 impose a tax and registration requirement upon those 'engaged in the business of accepting wagers' as defined in § 4401.↑ The Court of Appeals intimated that petitioner did not properly preserve his present claim as he failed to move to sever the gambling counts from the registration and tax counts. ”

“ The joinder the the tax and registration counts with the interstate gambling charges also had the result of strengthening a relatively weak case on the gambling charges by combining those charges with a strong case on failure to register and pay the tax. The Government's proof disclosed that petitioner, a professional bookmaker, instructed his clients to call a number at a New York City hotel and ask for a fictitious name. The hotel operator would inform the prospective bettor that his party was not in ”