Legal Opinion

People v. Charles

New York Supreme Court

Decided July 15, 1846PublishedCited by 7 opinions

Error to the New-York general sessions. The defendant was indicted for a violation of the twenty-eighth section of the article of the revised statutes concerning raffling and lotteries. Th'e indictment charged that the defendant on, &c. at the first, ward of the city of New-York, with force and arms, &c.

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Error to the New-York general sessions. The defendant was indicted for a violation of the twenty-eighth section of the article of the revised statutes concerning raffling and lotteries. Th'e indictment charged that the defendant on, &c. at the first, ward of the city of New-York, with force and arms, &c. “ did in a certain newspaper called ‘ The Wall-street Reporter,’ print and publish an account of a certain illegal lottery, stating when the same ' was to be drawn, and where tickets were to be had, together with the prizes therein, which said account so printed and published by the said…

1Per curiam

This case cannot be distinguished from that which has been referred'to. Since the expiration of the laws authorizing lotteries, they are “ unlawful and common and public nuisances,” so far as there may be attempts to carry them on in this state. (1 R. S. 665, § 26.) Conceding, therefore, that this lottery was to have been drawn in ’ the district of Columbia, and that it may have been authorized by the laws by which that district is governed, its tickets cannot legally be sold or be advertised for sale in this state.

There is a formal defect in this indictment in the omission to allege that the…

2Cases cited1 opinion

  1. People v. RyndersNew York Supreme Court · 1834

3Cited by7 opinions

  1. Weichselbaum v. CurlettSupreme Court of Kansas · 1878
  2. State v. FenlySupreme Court of Missouri · 1853
  3. People v. BallNew York Supreme Court · 1864
  4. People v. MerrillNew York Supreme Court · 1855
  5. Butler v. PeopleNew York Supreme Court · 1847

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