People Ex Rel. Ellison v. . Lavin
New York Court of Appeals
Appeal from an' order of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1905, which affirmed an order of Special Term sustaining a writ of habeas corpus and discharging the relator from custody. The facts, so far as material, are stated in the opinion. The scheme advertised constitutes a lottery. (Hull v. Ruggles, 56 N. Y. 424; State v. Mumford, 73 Mo. 647; Negley v. Devlin, 12 Abb.
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Appeal from an' order of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1905, which affirmed an order of Special Term sustaining a writ of habeas corpus and discharging the relator from custody. The facts, so far as material, are stated in the opinion. The scheme advertised constitutes a lottery. (Hull v. Ruggles, 56 N. Y. 424; State v. Mumford, 73 Mo. 647; Negley v. Devlin, 12 Abb. Pr. [N. S.] 210; Ex parte Blanchard, 9 Nev. 101; Thomas v. People, 59 Ill. 160; Com. v. Sheriff, 10 Phila. 203; State v. Lumsden, 89 N. C. 572; Lynch v. Rosenthal,…
1Opinion of the CourtCullen, J.
The relator, the publisher of a trades newspaper known as the “United States Tobacco Journal,” was arrested on a Warrant issued by one of the justices of the Special Sessions of the city of New York, which charged him with a violation of section 327 of the Penal Code in having advertised a lottery within this state. The complaint and depositions on which the warrant was issued showed that the relator published the following advertisement.
“The United States Tobacco Journal.
SAVE CIGAR BANDS.
Another free Distribution of . $142,500.00
Will be made in December, 1903.
Based on the Month of November,…
2Cases cited5 opinions
- Hudelson v. StateIndiana Supreme Court · 1884
- People Ex Rel. Lawrence v. . FallonNew York Court of Appeals · 1897
- Wortham v. StateMississippi Supreme Court · 1881
- Steerman v. StateSupreme Court of Missouri · 1847
- Dorsey v. Hagard ex rel. WathenSupreme Court of Missouri · 1838
3Cited by68 opinions
- Utah State Fair Ass'n v. GreenUtah Supreme Court · 1926
- State v. ITM, Inc.New York Supreme Court · 1966
- State Ex Inf. McKittrick v. Globe-DemocratSupreme Court of Missouri · 1937
- Harris v. Missouri Gaming CommissionSupreme Court of Missouri · 1994
- Longstreth v. Cook, Secretary Ark Racing CommissionSupreme Court of Arkansas · 1949
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