State v. Jones

SADLER, Justice.

State appeals from an order sustaining defendants’ motion to quash an information and directing their discharge. They were informed against for conducting a lottery in promoting what is generally known as “Bank Night”-at a moving picture theatre in the city of Roswell. The facts are substantially the same as those presented in City of Roswell v. Jones, 41 N.M. 258, 67 P.2d 286, and if that decision is to be followed here, even though declared erroneous, the trial court’s action m sustaining the motion to quash should be upheld.

When the question was before us in the former…