People v. Postma

This is an appeal by the plaintiff from a judgment entered against it after the sustaining of a demurrer to the complaint. The complaint purports to be filed under section 325 of the Penal Code, which provides that “All moneys and property offered for sale or distribution in violation of any of the provisions of this chapter are forfeited to the state, and may be recovered by . . . any action brought... by any district attorney, in the name of the state.” The provisions of the chapter referred to relate only to lotteries, which are defined by section 319, a part of the chapter, as follows: “A…