Ex Parte McKean

GANTT, J.'

Habeas corpus. The Sheriff of Madison County, in writing and upon oath, made a complaint to a justice of the peace of said county in which he charged that, in said county, petitioner established a lottery known as “bank night,” and that he also aided and assisted in establishing a lottery in said county. On a warrant issued by the justice, the sheriff arrested petitioner and holds him in custody to answer said complaint. Petitioner seeks to be .discharged from custody on the ground that the advertising practice called “bank night” is not a lottery and for that reason is not a…