Legal Opinion

Buckalew v. State

Supreme Court of Alabama

Decided December 15, 1878PublishedCited by 14 opinions

Appeal from Chambers Circuit Gourt. Tried before Hon. James E. Cobb. Tbe appellant, L. L. Buckalew, was indicted for “ setting up or being concerned in. setting up or carrying on a lottery.”

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Appeal from Chambers Circuit Gourt. Tried before Hon. James E. Cobb. Tbe appellant, L. L. Buckalew, was indicted for “ setting up or being concerned in. setting up or carrying on a lottery.” Tbe State introduced a witness, who testified that within twelve months before the finding of tbe indictment, in this cause, and in Chambers county, Alabama, “ the defendant had a mill, and in the mill house, on the head of a flour barrel, he bad wbat the witness called a board, on which was marked, in a circle, figures from one to forty-eigbt, with a heart in the centre, fastened on a pivot with a point…

1Opinion of the CourtStone, J.

Lottery is a distribution of prizes by lot or chance. — Webster’s Dictionary; Bouvier’s Law Dictionary. There are said to be two kinds of lottery in general use. One, the Genoise, or numerical system; sometimes called the combination plan. The other, the Dutch, or class lottery ; sometimes called the single number plan. — American Cyclopsedia. In each, chances are purchased, generally by the purchase of tickets, or fractions of a ticket. Not necessary, however, that tickets should be issued. Wherever chances are sold, and the distribution of prizes determined by lot, this, it would seem, is a…

2Cases cited1 opinion

  1. Salomon v. StateSupreme Court of Alabama · 1856

3Cited by14 opinions

  1. Yellow-Stone Kit v. StateSupreme Court of Alabama · 1889
  2. Cross v. PeopleSupreme Court of Colorado · 1893
  3. Loiseau v. StateSupreme Court of Alabama · 1896
  4. Opinion of the JusticesSupreme Court of Alabama · 2001
  5. Reilly v. GrayNew York Supreme Court · 1894

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