Yellow-Stone Kit v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case charged, in a single count, that the defendant “set up, or was concerned in setting up or carrying on a lottery, against the peace,” &c. On all the' evidence adduced, which it is unnecessary to state, the defendant requested the court to instruct the jury that, if they believed the evidence, they must find him not guilty; which charge the court refused, and the defendant excepted.
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From the City Court of Mobile. Tried before the Hon. O. J. Semmes. The indictment in this case charged, in a single count, that the defendant “set up, or was concerned in setting up or carrying on a lottery, against the peace,” &c. On all the' evidence adduced, which it is unnecessary to state, the defendant requested the court to instruct the jury that, if they believed the evidence, they must find him not guilty; which charge the court refused, and the defendant excepted. Many other charges were asked and refused, and exceptions reserved, but they require no notice. Lotteries are a species…
1Opinion of the CourtSomerville, J.
The defendant was convicted of the offense of carrying on a lottery in this State.
The case turns largely on what is to be taken as a proper ^definition of the word lottery, within the meaning of the statute and the Constitution of Alabama. — Code, 1886, §§ 4068-4069; Const. 1875, Art. IY, § 26.
The word can not be regarded as having any technical or legal signification different from the popular one.
It is defined by Webster as “a distribution of prizes by lot, or chance.” This definition is substantially adopted by Bouvier and Bapalje, in their law dictionaries.
Worcester defines it as “a…
2Cases cited10 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Hull v. . RugglesNew York Court of Appeals · 1874
- Wilkinson v. . GillNew York Court of Appeals · 1878
- Dunn v. PeopleIllinois Supreme Court · 1866
- Scraper v. PipesIndiana Supreme Court · 1877
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3Cited by54 opinions
- Commonwealth v. WallMassachusetts Supreme Judicial Court · 1936
- Long v. StateCourt of Appeals of Maryland · 1891
- State ex rel. Beck v. Fox Kansas Theatre Co.Supreme Court of Kansas · 1936
- Affiliated Enterprises, Inc. v. WallerSuperior Court of Delaware · 1939
- Brice v. StateCourt of Criminal Appeals of Texas · 1951
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