Legal Opinion

Long v. State

Court of Appeals of Maryland

Decided June 18, 1891PublishedCited by 41 opinions

Appeal as upon Writ oe Error, from the Criminal Court of Baltimore. The case is stated in the opinion of the Court. The cause was argued for the appellant before Alvey, C. J., Robinson, Irving, Bryan, Fowler, McSherry, and Briscoe, J., and submitted on brief for the appellee. The making of gifts, as an inducement to the sale of goods, hy a scheme or device not contrary to the lottery law, is a harmless act, and cannot he made an offence hy legislation.

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Appeal as upon Writ oe Error, from the Criminal Court of Baltimore. The case is stated in the opinion of the Court. The cause was argued for the appellant before Alvey, C. J., Robinson, Irving, Bryan, Fowler, McSherry, and Briscoe, J., and submitted on brief for the appellee. The making of gifts, as an inducement to the sale of goods, hy a scheme or device not contrary to the lottery law, is a harmless act, and cannot he made an offence hy legislation. Toledo, W. &B. Co. vs. City of Jacksonville, 67 HI., 37, 40. “If the distribution is a pure gift or bounty, and not in name or pretence…

1Opinion of the Court

Bowler, <L,

delivered the opinion of the Court.

The plaintiff in error, Calvin Long, was indicted in the Criminal Court of Baltimore for violating the Act of Assembly of 1886, chapter 480, which has been codified as- ' section 185 of Article 21 of the Code, and which reads as follows :

“No person or body corporate shall he permitted, either directly or indirectly, by agent or otherwise, to barter, sell, trade, or to offer for barter, sale or trade, by any publication, or in any way, any wares, goods or merchandise of any description, in package or bulk, holding out as an inducement for any such…

2Cases cited8 opinions

  1. Matter of Application of JacobsNew York Court of Appeals · 1885
  2. Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
  3. People v. . GillsonNew York Court of Appeals · 1888
  4. Hull v. . RugglesNew York Court of Appeals · 1874
  5. Yellow-Stone Kit v. StateSupreme Court of Alabama · 1889

3 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Dasch v. JacksonCourt of Appeals of Maryland · 1936
  2. Horner v. United StatesSupreme Court of the United States · 1893
  3. People v. VictorMichigan Supreme Court · 1939
  4. City Council v. KellySupreme Court of Alabama · 1904
  5. State Ex Inf. McKittrick v. Globe-DemocratSupreme Court of Missouri · 1937

36 more not listed; retrieve them via the Exa API.

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