People v. Payne
New York Supreme Court
Indictment for selling lottery tickets, found in the Albany oyer and terminer, and sent into the mayor’s court, where the defendant demurred to the indictment. There were four counts, for selling a ticket, a quarter of a ticket, a paper purporting to be a quarter of a ticket, and for bartering a paper purporting to be a quarter of a ticket in a certain lottery not authorized by the laws of this state. None of the counts stated for what purpose the lottery was opened or made.
Read the full summary
Indictment for selling lottery tickets, found in the Albany oyer and terminer, and sent into the mayor’s court, where the defendant demurred to the indictment. There were four counts, for selling a ticket, a quarter of a ticket, a paper purporting to be a quarter of a ticket, and for bartering a paper purporting to be a quarter of a ticket in a certain lottery not authorized by the laws of this state. None of the counts stated for what purpose the lottery was opened or made. The mayor’s court gave judgment for the defendant on the demurrer; and the .people bring error.
1Opinion of the Court
By the Court, Bronson, Ch. J,
The question is, whether the indictment should not have stated the object or purpose for which the lottery was made or carried on. The 27th section of the statute against raffling and lotteries, (1 R. S. 665,) provides, that “ no person, unauthorized by special laws for that purpose, shall, *89within this state, open, set on foot, carry on, promote, or draw, publicly or privately, any lottery, game, or device of chance of any nature or kind whatsoever, or by whatever name it may be called, for the purpose of exposing, setting to sale, or disposing of any houses,…
2Cited by11 opinions
- Hull v. . RugglesNew York Court of Appeals · 1874
- The People v. . CorningNew York Court of Appeals · 1848
- France v. StateTennessee Supreme Court · 1873
- People v. BorgesNew York Court of General Session of the Peace · 1858
- People v. WarnerNew York Supreme Court · 1848
6 more not listed; retrieve them via the Exa API.