Russo v. State

(dissenting). — -This case is before us pursuant to rehearing granted and argument heard after our granting of such rehearing pursuant to opinion filed herein on April 12, 1940.

The defendant was convicted under counts 1 and 3 of the information. The pertinent parts of the counts of the information upon which defendant was convicted are set out in our opinion, supra. The statute on which the information is based is Section 5509 R. G. S., 7667 C. G. L., which is as follows:

“It shall be unlawful for any person, firm or corporation in this State to set up, promote or conduct any lottery for money…