Van Pelt v. State

Under a three count indictment the plaintiff in error was convicted on the second count, only, which charged that she ‘ ‘ did unlawfully and willfully have in her possession certain gaming devices, commonly known as lottery, or policy slips, with the unlawful and willful intent to encourage and promote gambling.” This indictment is based and laid on Code Section 5250 which provides: “No person shall have in his possession any gambling table or any device whatever for the enticement of any person to gamble. ’ ’

The Code further in Section 11282 fixes the penalty for the violation of the Code…