People v. Noelke & Marks
New York Court of Appeals
Appeal by the defendants, Charles N. J. DToelke and Jacob' Marks, from a judgment of the General Term, in the First Department, of March, 1883, which affirmed a conviction of defendants in the General Sessions of New York city and county, of a violation of the lottery laws of this state. The facts and points of counsel fully appear in the report of this case at General Term, ante, p. 252.
1Opinion of the CourtFinch, J.
TJpon the principal questions in this case the opinion of the General Term is so accurate and full as to make unnecessary any repetition of its reasoning in expressing our concurrence. It holds that the indictment "was sufficient, because the word lottery, if it has no technical legal meaning, as this court has said (Wilkinson v. Gill, 74 JV. Y. 66), and is to be construed in its popular sense, indicates a scheme for the distribution of prizes, and for the obtaining of money or goods by chance ; and that any possibility of doubt founded upon the use of the word is dispelled by the further…
2Cases cited8 opinions
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- The People v. . CrapoNew York Court of Appeals · 1879
- People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
- People v. . CaseyNew York Court of Appeals · 1878
- Ormes v. . DauchyNew York Court of Appeals · 1880
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3Cited by39 opinions
- Grimm v. United StatesSupreme Court of the United States · 1895
- Wallace v. StateSupreme Court of Florida · 1899
- Fearon v. TreanorNew York Court of Appeals · 1936
- Rose v. United StatesCourt of Appeals for the Sixth Circuit · 1921
- Commonwealth v. WassonSuperior Court of Pennsylvania · 1910
34 more not listed; retrieve them via the Exa API.