Harrington v. State

Townsend, Judge.

Code § 26-6502 provides: “Any person who, by himself or another, shall keep, maintain, employ or carry on any lottery or other scheme or device for the hazarding of any money or valuable thing, shall be guilty of a misdemeanor.” The accusation alleged that the defendant kept “a lottery known as bolita” and did not allege that the same was a scheme and device for the hazarding of money or other valuable thing. If this accusation is void, so that the defendant could admit the truth of every allegation therein and still not be convicted, a motion in arrest of judgment would lie.…