Boyd v. State
Supreme Court of Alabama
Appeal from City Court of Mobile. Tried before Hon. O. J. Semmes. Tbe appellant Boyd was indicted and convicted for setting up and carrying on a lottery, without the legislative authority, &c., and finéd $1,000. Boyd claimed the right to do the acts for which he was convicted, nnder the provisions of the following act of the general assembly: AN ACT. To establish a mutual aid association, and to raise funds for the common school system of Alabama.
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Appeal from City Court of Mobile. Tried before Hon. O. J. Semmes. Tbe appellant Boyd was indicted and convicted for setting up and carrying on a lottery, without the legislative authority, &c., and finéd $1,000. Boyd claimed the right to do the acts for which he was convicted, nnder the provisions of the following act of the general assembly: AN ACT. To establish a mutual aid association, and to raise funds for the common school system of Alabama. Section 1. Be it enacted by the General Assembly of Alabama, That William W. Boyd, Charles D. Jackson and George W. Parrott, and their associates…
1Opinion of the Court
STONE, J,
The appellant, defendant in the court below, *605was indicted and convicted in the city court of Mobile under section 3616 of the Revised Code, which declares that “any person who sets up, carries on, or is concerned in setting up or carrying on any lottery, or device of the like kind, without the legislative authority of this State, .... must on conviction be fined not less than one hundred nor more than two thousand dollars.” The indictment literally follows the form given in the Revised Code. See form 26. It is not denied that the defendant set up and carried on a lottery with its…
2Cases cited5 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Ex parte PollardSupreme Court of Alabama · 1866
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Brent v. StateSupreme Court of Alabama · 1869
- Boyd & Jackson v. StateSupreme Court of Alabama · 1871
3Cited by13 opinions
- Abeel v. ClarkCalifornia Supreme Court · 1890
- City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Cooper v. HawkinsSupreme Court of Alabama · 1937
- Krasner v. StateAlabama Court of Appeals · 1946
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