Legal Opinion

Charles v. People

New York Court of Appeals

Decided January 15, 1848Published

The indictment is this case was as follows:— “ City and County of New-York, ss.—The jurors of the people of the state of New-York, in and for the body of the city and county of New-York, upon their oath, present—that Charles McIntyre, late of the first ward of the city of New-York, in the county of New-York aforesaid, laborer, and Edmund Charles, late of the same place, also laborer, on the sixth day of January, in the year of our Lord one thousand eight hundred and…

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The indictment is this case was as follows:— “ City and County of New-York, ss.—The jurors of the people of the state of New-York, in and for the body of the city and county of New-York, upon their oath, present—that Charles McIntyre, late of the first ward of the city of New-York, in the county of New-York aforesaid, laborer, and Edmund Charles, late of the same place, also laborer, on the sixth day of January, in the year of our Lord one thousand eight hundred and forty-six, at the ward, city and county aforesaid, with force and arms, did in a certain newspapaper, called the Wall Street…

1Opinion of the Court

By the court. Bronson, Justice.

This case cannot be distinguished from that which has been referred to. Since the expiration of the laws authorizing lotteries, they are “ unlawful and common public nuisances,” so far as there may be attempts to carry them on in this state. (1 R. S. 665, § 26.) Conceding, therefore, that this lottery was to have been drawn in the district of Columbia, and that it may have been authorized by the laws by which that district is governed, its tickets cannot legally be sold or advertised for sale in this state. There is a formal defect in this indictment, in the…

2Cases cited5 opinions

  1. People v. TaylorNew York Supreme Court · 1846
  2. People v. RyndersNew York Supreme Court · 1834
  3. People v. SturdevantNew York Supreme Court · 1840
  4. People v. PayneNew York Supreme Court · 1846
  5. People v. WarnerNew York Supreme Court · 1830

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