Commonwealth v. McLaughlin

The defendant was convicted on an indictment which charged that on May 31, 1940, he “did set up and promote a lottery for money.” (G. L. [Ter. Ed.] c. 271, § 7.) The defendant waived a trial by jury and the case was tried, on an agreed statement of facts, before a judge in the Superior Court.

The defendant states in his brief that the exceptions taken by him present the question whether there was sufficient evidence to warrant a finding that persons who paid for admission to the theatre paid in part for the chance of a prize. That is the question he here argues. Certain of his requests present…