Commonwealth v. Bull
Court of Appeals of Kentucky
Case 23 — INDICTMENT APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The identity or legality of the lottery franchises or privileges •claimed by appellee under the act of 1839 and amendatory acts thereto, is not established, and can not be inferred from the allegation in the indictment that the ticket purported to be in the “Kentucky State Lottery for the benefit, of the University of Paducah.”
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Case 23 — INDICTMENT APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The identity or legality of the lottery franchises or privileges •claimed by appellee under the act of 1839 and amendatory acts thereto, is not established, and can not be inferred from the allegation in the indictment that the ticket purported to be in the “Kentucky State Lottery for the benefit, of the University of Paducah.” Said acts do not authorize the drawing, of a lottery by the distinctive name aforesaid, or for the benefit of the University, of Paducah. 2. But assuming that the lottery is identified in the indictment as…
1Opinion of the CourtChief Justice Lindsay
Section 3, article 23, chapter 29, General Statutes, provides, that “Whoever shall write, print, vend, or have in possession with intent, for himself or another, to sell or offer to sell, negotiate, exchange, or dispose of any ticket, share of a ticket, or any writing, certificate, token, or device, purporting or intended to entitle the holder, bearer, or any other person to *660any prize, or any share of any interest in any prize to be drawn in any lottery in or out of this state, shall be fined, for every such offense, from $100 to $1,000.” ^
The appellee is charged with the offense of vending a…
2Cases cited3 opinions
- Ulrich v. CommonwealthCourt of Appeals of Kentucky · 1869
- Commonwealth v. PowellCourt of Appeals of Kentucky · 1859
- Commonwealth v. BiermanCourt of Appeals of Kentucky · 1877
3Cited by5 opinions
- Chesapeake & Ohio Ry. v. CommonwealthCourt of Appeals of Kentucky · 1905
- Goodman v. CommonwealthCourt of Appeals of Kentucky · 1916
- Louisville Ry. Co. v. CommonwealthCourt of Appeals of Kentucky · 1908
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1878
- State v. WilliamsSupreme Court of Vermont · 1936