Commonwealth v. Sullivan
Massachusetts Supreme Judicial Court
Indictment alleging that the defendant “ did set up and promote a certain lottery, the name and a more particular description of which said lottery being to said jurors unknown, which said lottery was then and there for money, said lottery not being then and there authorized by law in said Commonwealth.”
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Indictment alleging that the defendant “ did set up and promote a certain lottery, the name and a more particular description of which said lottery being to said jurors unknown, which said lottery was then and there for money, said lottery not being then and there authorized by law in said Commonwealth.” Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, which, so far as material, was as follows: Franklin H. Walker, the only witness called by the government, testified that he knew the defendant; that on April 1,1886, he went to a small room in building No. 1156…
1Opinion of the CourtHolmes, J.
1. This is an indictment under the Pub. Sts. c. 209, § 1, for setting up and promoting a lottery. .The indictment follows the words of the statute, and is well enough.
2. The testimony described a game substantially similar to that described in Commonwealth v. Wright, 137 Mass. 250, which the jury found to be a lottery. The defendant asked the court to rule that there was no sufficient evidence to warrant a conviction. The court refused so to rule, but ruled that, if the evidence was believed, “it was a lottery, and a setting up and promoting a lottery,” and that the jury would be warranted in…
2Cases cited1 opinion
- Commonwealth v. WeightMassachusetts Supreme Judicial Court · 1884
3Cited by33 opinions
- Reed v. StateCourt of Appeals of Maryland · 1978
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- People v. HinesNew York Court of Appeals · 1940
- Colyer v. SkeffingtonDistrict Court, D. Massachusetts · 1920
- Commonwealth v. WallMassachusetts Supreme Judicial Court · 1936
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