Boris Zebelman v. United States

HILL, Circuit Judge.

Appellant was charged in a fifteen count indictment with the unlawful use of the mails in conducting and promoting a “ -x- * lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance * * * ” in violation of 18 U.S.C.A. § 1302. He filed a motion to dismiss the indictment on the grounds that it failed to charge an offense under § 1302 and that the facts alleged in each count, even if true, failed to charge a scheme dependent in whole or in part upon lot or chance within the meaning of the statute. When this motion was…