People v. Warner
New York Supreme Court
Motion for a new trial. The defendant was indicted for vending and selling a certain ticket purporting to be in the Grand Consolidated Lottery of Delaware and Georgia; and having been convicted upon the trial, he brought a writ of error, and moved for a new trial. The facts sufficiently appear from the opinion of the court.
1Opinion of the Court
By the Court, Gridley, J.
The prisoner has been convicted, under the 29th section of the act entitled “Of raffling and lot*315teries,” (1 R. S. 666,) of vending lottery tickets, and now objects, on a writ of error, to the sufficiency of the indictment. The counsel for the prisoner insists, that upon the authority of the case of The People v. Payne, (3 Denio, 88,) the indictment should expressly aver the vending of the ticket of a lottery established or set on foot, for the purpose of disposing of real estate, goods, money or things in action ; and that it should also appear that such lottery was…
2Cases cited5 opinions
- People v. RyndersNew York Supreme Court · 1834
- People v. PhelpsNew York Supreme Court · 1830
- People v. PayneNew York Supreme Court · 1846
- Spencer v. SouthwickNew York Supreme Court · 1812
- People v. TaylorNew York Supreme Court · 1846
3Cited by4 opinions
- Parmelee v. . CameronNew York Court of Appeals · 1869
- Mithoff v. Byrne, Vance & Co.Supreme Court of Louisiana · 1868
- People v. Noelke & MarksNew York Supreme Court · 1883
- People v. TraceNew York Justice Court · 1951