Aikens v. United States

BAZELON, Circuit Judge.

Each of the five appellants was convicted by a jury of the substantive offense of operating a lottery, in violation of D.C.Code § 22-1501 (1951). Jointly they were found guilty of conspiracy to violate that section under 18 U.S.C. § 371 (1952). The court imposed a general sentence for these two counts. Each appellant was also convicted of violating D.C.Code § 22-1502’s prohibition against the possession of lottery tickets. Appellants Harley and Kingsbury, in addition, were sentenced for violating § 22-1505(b) (Supp.1954), which prohibits the maintenance of “any gambling…