Kroger Co. v. Cook

I am constrained to dissent. The constitutional prohibition against lotteries, Section 6, Article XY of the Constitution of Ohio, has been implemented by the General Assembly in the enactment of R. C. Chapter 2915. In my view, Regulation 53, Section II of the Liquor Control Commission, had its ori*176gin in R. C. Chapter 2915, and, as such, is penal in nature, which demands a strict construction delimited by the purpose for its existence. After touching base with this guideline of criminal statutory construction, I agree, as does the majority, that the essential proof requirements of gambling,…