Commonwealth v. Wall

The defendant, manager of a moving picture theatre in Medford, was convicted of being concerned in setting up a lottery for money on December 18, 1935, in violation of G. L. (Ter. Ed.) c. 271, § 7. None of the other cognate offences described in that section was charged. The principal question is whether the jury were warranted in finding that the plan or scheme for increasing patronage known as “Bank Night,” as operated by the defendant, was a lottery.

Under this plan the theatre would deposit each week the sum of $35 in a bank. Registration books were kept by the theatre wherein were…