Commonwealth v. Thacher
Massachusetts Supreme Judicial Court
Indictment under the Gen. Sts. c. 167, § 6, containing two counts, the first charging that the defendant had in possession, with intent to sell, “ a certain false and fictitious lottery ticket,” “ well knowing the same to be false and fictitious; ” and the second charging that he had in possession, with intent to sell, “ a ticket in a certain fictitious and pretended lottery,” “ well knowing the same to be fictitious and pretended.”
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Indictment under the Gen. Sts. c. 167, § 6, containing two counts, the first charging that the defendant had in possession, with intent to sell, “ a certain false and fictitious lottery ticket,” “ well knowing the same to be false and fictitious; ” and the second charging that he had in possession, with intent to sell, “ a ticket in a certain fictitious and pretended lottery,” “ well knowing the same to be fictitious and pretended.” Both counts were alleged to be different descriptions of the same act; and the ticket was set forth in each as of the tenor following: “ 219, 611. North American…
1Opinion of the CourtWells, J.
The ticket being set forth by copy in the indict ment, no other descriptive averments are necessary. It purports to entitle the holder to whatever prize shall be drawn by its corresponding number in a scheme called a “ prize concert.” The prizes consist of “ gifts in greenbacks” and gifts in other kinds of property. One half of all the tickets represent blanks, as “ every other ticket draws a prize.” This clearly constitutes a lottery. In the first count the ticket, and in the second count the lottery, is alleged to be “ false and fictitious.” The demurrer and plea of guilty admit the truth…
2Cited by8 opinions
- Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
- Yellow-Stone Kit v. StateSupreme Court of Alabama · 1889
- People v. ElliottMichigan Supreme Court · 1889
- State v. ThomasSupreme Court of North Carolina · 1955
- State ex rel. Kellogg v. Kansas Mercantile Ass'nSupreme Court of Kansas · 1891
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