State v. Tursich

MR. JUSTICE ANDERSON:

(dissenting).

Less than two years ago this court said that the constitutional prohibition against lotteries meant that the legislature could not authorize “widespread pestilent lotteries.” State ex rel. Harrison v. Deniff, 127 Mont. 109, 245 Pac. (2d) 140.

In the case now before it, this court announces the rule to be that "the better view is to condemn the lottery as such regardless of its widespread distribution or pestilence. ’ ’

The defendant, Mr. Michael Tursich, admitted by the state to be an attendant at a Veterans of Foreign Wars Club in East Helena, Montana, had a…