Legal Opinion
State v. Gilbert
New York Court of General Session of the Peace
Decided April 2, 1917No. 71PublishedCited by 2 opinions
Mike Gilbert was indicted for disposing of a lottery ticket under Rev. Code 1915, § 3564. Verdict, not guilty. The state was permitted to show another transaction like the one disclosed in this case. The two witnesses for the state on cross-examination, testified without objection, that they did not regard the transaction as fraudulent. The facts in the case and questions of law presented appear in the charge of the court.
1Opinion of the Court
Boyce, J.,
charging the jury:
Mike Gilbert stands indicted under Rev. Code 1915, § 3564, which provides:
“If any person shall by himself, his servant or agent, or as the servant or agent of another, sell or dispose of, or have in his possession with intent to sell or dispose of, any lottery policy, certificate, or anything by which such person or any other person promises or guarantees that any particular number, character, ticket, or certificate, shall in the event, or on the happening of any contingency in the nature of a lottery, entitle the purchaser or holder to receive money, property, or…
2Cases cited5 opinions
- State v. . LipkinSupreme Court of North Carolina · 1915
- State v. MorenSupreme Court of Minnesota · 1892
- DeFlorin v. StateSupreme Court of Georgia · 1905
- State v. . PerrySupreme Court of North Carolina · 1911
- State v. SedgwickNew York Court of General Session of the Peace · 1911
3Cited by2 opinions
- Affiliated Enterprises, Inc. v. WallerSuperior Court of Delaware · 1939
- Pepe v. AndersonDistrict Court, D. Delaware · 1962