Fleming v. Bills
Multnomah County Circuit Court, Oregon
A writ of habeas corpus having been served on C. Bills, sheriff of Multnomah County, he returned the writ, stating that the petitioners were held by virtue of a commitment issued by D. G. Lewis, Police Judge and ex-officio Justice of the Peace. The return sets out a copy of the commitment, which purports to follow section 403 of the criminal code; but in designating the crime it uses the words (lcarrying on a lottery.”
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A writ of habeas corpus having been served on C. Bills, sheriff of Multnomah County, he returned the writ, stating that the petitioners were held by virtue of a commitment issued by D. G. Lewis, Police Judge and ex-officio Justice of the Peace. The return sets out a copy of the commitment, which purports to follow section 403 of the criminal code; but in designating the crime it uses the words (lcarrying on a lottery.” The statute, in defining the offense, uses the words: “If any person shall promote or set up any lottery for money or other valuable thing — ” The petition stated that the…
1Opinion of the CourtUpton, J.
filed the following opinion:
The constitution of the state prohibited lotteries and the sale of lottery tickets, and the statute makes a violation of this clause of the constitution punishable as a felony; other games of chance forbidden by statute are declared misdemeanors. The importance to the petitioners of this distinction is obvious.
The recent inauguration of lotteries in a neighboring state, on a scale of such magnitude, and under such specious appearance of morality and even benefaction, as toiueludo this state within the circle of its influence and make it part of the thpatre of its…
2Cases cited1 opinion
- People v. American Art UnionNew York Supreme Court · 1852
3Cited by13 opinions
- State Ex Rel. Evans v. Brotherhood of FriendsWashington Supreme Court · 1952
- State v. CoatsOregon Supreme Court · 1937
- Multnomah County Fair Ass'n v. LangleyOregon Supreme Court · 1932
- Ex parte TiceOregon Supreme Court · 1897
- Finster v. KellerCalifornia Court of Appeal · 1971
8 more not listed; retrieve them via the Exa API.