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New Jersey passed § 4, c. 155 which states: 'Any person not engaged in any lawful occupation, known to be a member of any gang consisting of two or more persons, who has been convicted at least three times of being a disorderly person, or who has been convicted of any crime in this or in any other State, is declared to be a gangster . . .' Every violation is punishable by fine not exceeding $ 10,000 or imprisonment not exceeding 20 years, or both. § 5. Ds were accused of violating this law. The indictment charges that on four days, June 12, 16, 19, and 24, 1936 'they, and each of them, not being engaged in any lawful occupation; they, and all of them, known to be members of a gang, consisting of two or more persons, and they, and each of them, having been convicted of a crime in the State of Pennsylvania, are hereby declared to be gangsters.' Ds were found guilty, and judgment of conviction was entered, on which each was sentenced to be imprisoned in the state prison for not more than ten years and not less than five years, at hard labor. The court of errors and appeals affirmed. Ds appealed.

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