Clark v. State

SIMPSON, Justice.

Certiorari to the Court of Appeals.

After a full consideration of the propositions presented by the petition, we are of the opinion that the writ should be denied. We desire, however, to make a brief explanation.

We do not regard the decision in Yellow-Stone Kit v. State, 88 Ala. 196, 7 So. 338, 7 L.R.A. 599, as decisive, since that case seems to have been overruled at least by implication by Grimes v. State, 235 Ala. 192, 178 So. 73. For an excellent discussion of these cases see Williams, Flexible Participation Lotteries, passim.

Applying the facts of the case as disclosed by…