State v. Clarke
Supreme Court of New Hampshire
Indictment, charging the respondents with having unlawfully disposed of one ring, of the value of three dollars, by lottery, to one Charles Flanders, at Concord, on the 9th day of November, 1855. It appeared in evidence that the respondents occupied a shop together on Main street, in Concord ; that Flanders, about the last of October, 1855, went into the shop and purchased a book of William L. Clarke, for which he paid him one dolar.
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Indictment, charging the respondents with having unlawfully disposed of one ring, of the value of three dollars, by lottery, to one Charles Flanders, at Concord, on the 9th day of November, 1855. It appeared in evidence that the respondents occupied a shop together on Main street, in Concord ; that Flanders, about the last of October, 1855, went into the shop and purchased a book of William L. Clarke, for which he paid him one dolar. On the back of the book was a number written, to wit, No. 667: That William L. gave the number to Oliver H. Clarke, who was present, and Oliver took a long book,…
1Opinion of the CourtPerley, C. J.
The provision of the statute on which this indictment is founded is in these terms: “ If any person shall make or put up any lottery, or shall dispose of any estate, real or personal, by lottery,” he shall be fined not exceeding five hundred dollars nor less than fifty dollars. Comp. Stat. 561, secs. 1, 2.
The word “lottery” is not a term'of the law, and to dispose of real or personal estate by lottery, is not an offence which has a recognized and established legal definition. In construing the statute we must be guided chiefly by the meaning of the term as it is ordinarily used in a popular…
2Cases cited1 opinion
- People v. American Art UnionNew York Supreme Court · 1852
3Cited by4 opinions
- Greater Loretta Imp. Ass'n v. State Ex Rel. BooneSupreme Court of Florida · 1970
- State v. PowellSupreme Court of New Hampshire · 1989
- State v. . LoweSupreme Court of North Carolina · 1919
- State Ex Rel. Evans v. Brotherhood of FriendsWashington Supreme Court · 1952