Legal Opinion

Reeves v. State

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 8 opinions

Appeal from the Circuit Court of Bibb. Tried before the Hon. N. D. Denson. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment that Sam Beeves set up, or was concerned in settingup or carrying on a lottery.

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Appeal from the Circuit Court of Bibb. Tried before the Hon. N. D. Denson. The appellant was tried and convicted under the following indictment: “The grand jury of said county charge that before the finding of this indictment that Sam Beeves set up, or was concerned in settingup or carrying on a lottery. And the grand jury of said county further charge that before the finding of this indictment that Sam Beeves set up, or carried on, was concerned in setting up or carrying on, a lottery or device for a lottery, or sold or was interested or concerned in selling tickets or shares in a lottery,…

1Opinion of the Court

McCLELLAN. J.

The only question presented by this record is, whether the device used by the defendant for distribution of prizes consisting of jewelry was a distribution thereof by lot or chance, and hence a lottery. The facts are undisputed and will be fully set out in the report of the case. Upon them there can be no doubt that the scheme of distribution or disposition of the jewelry adopted by the defendant was a lottery pure and simple; and the court properly charged the jury to convict the defendant if they believed the evidence, every other essential to conviction under section 4068 of…

2Cases cited3 opinions

  1. Yellow-Stone Kit v. StateSupreme Court of Alabama · 1889
  2. Ex parte State, in re NewtonSupreme Court of Alabama · 1891
  3. Buckalew v. StateSupreme Court of Alabama · 1878

3Cited by8 opinions

  1. Loiseau v. StateSupreme Court of Alabama · 1896
  2. Opinion of the JusticesSupreme Court of Alabama · 2001
  3. Ex Parte Ted's Game EnterprisesSupreme Court of Alabama · 2004
  4. Johnson v. StateSupreme Court of Alabama · 1902
  5. State Ex Rel. Tyson v. TED'S GAME ENTER.Court of Civil Appeals of Alabama · 2002

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