Legal Opinion

People v. Miller

New York Court of Appeals

Decided April 15, 1936PublishedCited by 30 opinions

1Opinion of the CourtO’Brien, J.

Defendants operate a motion picture theatre in Brooklyn and have been convicted of maintaining a lottery therein. Section 1370 of the Penal Law contains this definition: “A ‘ lottery ’ is a scheme for the distribution of property by chance, among persons who have paid or agreed to pay a valuable consideration for the chance, whether called a lottery, raffle, or gift enterprise or by some other name.” Section 1376 provides, “A person who offers for sale or distribution, in any way, real or personal property, or any interest therein, to be determined by lot or chance, dependent upon the drawing…

2Cases cited5 opinions

  1. People Ex Rel. Ellison v. . LavinNew York Court of Appeals · 1904
  2. Hull v. . RugglesNew York Court of Appeals · 1874
  3. Kohn v. . KoehlerNew York Court of Appeals · 1884
  4. People v. . Mail and Express CompanyNew York Court of Appeals · 1921
  5. People v. WolffAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by30 opinions

  1. People v. HinesNew York Court of Appeals · 1940
  2. State v. ITM, Inc.New York Supreme Court · 1966
  3. California Gasoline Retailers v. Regal Petroleum Corp. of Fresno, Inc.California Supreme Court · 1958
  4. Commonwealth v. WallMassachusetts Supreme Judicial Court · 1936
  5. Affiliated Enterprises, Inc. v. GruberCourt of Appeals for the First Circuit · 1936

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