Legal Opinion

State v. Mumford

Supreme Court of Missouri

Decided April 15, 1881PublishedCited by 21 opinions

Appeal from Jackson Criminal Court. — The case was tried before William Warner, Esq., sitting as Special Judge. Defendant offered no prizes for money; he simply said to each subscriber to the newspaper that he could have a gift — a voluntary offering. The price of the subscription remained unchanged. The subscribers received full value for their money, irrespective of the gift. This is no lottery. Governors v. Am. Art Union, 3 Seld. 228; s. c., 13 Barb. 577; People v. Am.

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Appeal from Jackson Criminal Court. — The case was tried before William Warner, Esq., sitting as Special Judge. Defendant offered no prizes for money; he simply said to each subscriber to the newspaper that he could have a gift — a voluntary offering. The price of the subscription remained unchanged. The subscribers received full value for their money, irrespective of the gift. This is no lottery. Governors v. Am. Art Union, 3 Seld. 228; s. c., 13 Barb. 577; People v. Am. Art Union, 3 Seld. 240; State v. Sykes, 28 Conn. 225; 8 Phila. 457; Morris v. Blackman, 2 Hurlst. & Colt. 912; O’ Connor…

1Opinion of the CourtNorton, J.

This cause is here on appeal from the judgment of the criminal court of Jackson county imposing a fine of $25 on defendant. The indictment charges the defendant with unlawfully advertising and causing to be advertised in a certain newspaper published in the City of Kansas, in the county and State aforesaid, known as-The Kansas City Times, the drawing of a scheme in a lottery, in and by which a certain piano and divers other pieces of property were to be disposed of by lot or chance, on the 16th day of June, 1877; and the indictment is founded upon section 28, page 503, Wagner’s Statutes,…

2Cases cited4 opinions

  1. Randle v. StateTexas Supreme Court · 1874
  2. Dunn v. PeopleIllinois Supreme Court · 1866
  3. Thomas v. PeopleIllinois Supreme Court · 1871
  4. United States v. OlneyDistrict Court, D. Oregon · 1868

3Cited by21 opinions

  1. Hudelson v. StateIndiana Supreme Court · 1884
  2. Harris v. Missouri Gaming CommissionSupreme Court of Missouri · 1994
  3. State ex rel. Beck v. Fox Kansas Theatre Co.Supreme Court of Kansas · 1936
  4. Meyer v. StateSupreme Court of Georgia · 1900
  5. Cross v. PeopleSupreme Court of Colorado · 1893

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