State v. Brockmiller

Appeal by the State from a judgment quashing the indictment against the defendant. The indictment, except as to names, etc., is identical with the indictment in the case of State v. Yillines, reported on page 593 of this volume.

The motion to quash is the same as in the Yillines case, except it contains the following additional ground, to-wit: “The act under which the indictment is founded is unconstitutional because of the fact that said act attempts to legalize a lottery in this State.” If this ground was sufficient to raise a constitutional question which had been decided against the…