State v. Hawthorn
Supreme Court of Missouri
ERROR to St. Louis Criminal Court. The State relies on the following points and authorities, to reverse the decision of the criminal court: 1st. It was in the power of the legislature to repeal the act granting to the managers the power to raise money by lottery, so long as that power remained in their hands. See Freliegh vs. the State, 8 Mo.
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ERROR to St. Louis Criminal Court. The State relies on the following points and authorities, to reverse the decision of the criminal court: 1st. It was in the power of the legislature to repeal the act granting to the managers the power to raise money by lottery, so long as that power remained in their hands. See Freliegh vs. the State, 8 Mo. Rep. 606 ; State of Delaware vs. Phalen & Paine, 8 Harrington, R. 452. 2. The amendatory act did not create any contract, or authorize the commissioners to make any contract of a character different in its obligations from that authorized by the act…
1Opinion of the CourtNaptoN, J.
The defendant Hawthorn, was indicted by the grand jury of St. Louis county, for selling lottery tickets, in the lottery for the benefit of the St. Louis Hospital. Upon a plea of not guilty, and a trial had thereon, the jury found a special verdict, upon which the judgment of the court was for the defendant.
The facts found by the special verdict were as follows : On the 9th February, 1833, the legislature passed an act, entitled, “An act to authorize a sum of money to be raised by lottery, to be given to the Sisters of Charity, in the city of St. Louis, for the use of the Hospital, over which…
2Cited by9 opinions
- State ex rel. Walker v. WalkerSupreme Court of Missouri · 1885
- Louisiana State Lottery Co. v. FitzpatrickU.S. Circuit Court for the District of Louisiana · 1879
- State v. MillerSupreme Court of Missouri · 1872
- State v. McWilliamsMissouri Court of Appeals · 1879
- State v. MorrowSupreme Court of Missouri · 1857
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