City of Roswell v. Jones

ZINN, Justice.

Appellees were charged with violating Ordinance 397, Section 3, of the Municipal Ordinances of Roswell, in permitting a lottery device to be conducted in the place of business operated by the appellees. The place of business is the Yucca Theatre, owned by R. C. Griffiths Theatres, Inc., and the alleged lottery device is what is commonly known as “Bank Night.”

In the police magistrate’s court the appellees were found guilty and fined $25 each. They appealed to the district court where the cause was tried de novo. The district court ruled that:

“ * * * the device complained of does…