City of New Orleans v. Stone

McCALEB, Justice.

Appellant was charged, tried and convicted in the Second Municipal Court of New Orleans of acting as a lottery agent and having lottery paraphernalia in his possession, in violation of Sections 1 and 6 of City Ordinance No. 17,884, Commission Council Series, adopted on August 11th 1950. Following the imposition of sentence to pay a fine of $50 or to serve 60 days in jail in default of payment, he appealed here,1 contending that the penalty is illegal because the city ordinance is unconstitutional and void.

The questions presented by the appeal have been properly raised by…