Boyd v. State
Supreme Court of Alabama
Appeal from City Court of Mobile. Tried before Hon. O. J. Semmes. Tbe appellant Boyd was indicted and convicted for setting up and carrying on a lottery, without the legislative authority, &c., and finéd $1,000. Boyd claimed the right to do the acts for which he was convicted, nnder the provisions of the following act of the general assembly: AN ACT. To establish a mutual aid association, and to raise funds for the common school system of Alabama.
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Appeal from City Court of Mobile. Tried before Hon. O. J. Semmes. Tbe appellant Boyd was indicted and convicted for setting up and carrying on a lottery, without the legislative authority, &c., and finéd $1,000. Boyd claimed the right to do the acts for which he was convicted, nnder the provisions of the following act of the general assembly: AN ACT. To establish a mutual aid association, and to raise funds for the common school system of Alabama. Section 1. Be it enacted by the General Assembly of Alabama, That William W. Boyd, Charles D. Jackson and George W. Parrott, and their associates…
1DissentBrickell, C. J.
(dissenting). — Since 1810 it has been the law of this State that the setting up or carrying on lotteries not authorized by the law of the State is an indictable offense. The first statute employs the expressions, unless *609authorized by law. Aik. Dig. 209, § 2. The penal Code of 1841 uses the words, without special permission from the legislature, Clay’s Dig. 434, § 20. The words of the Code of 1852, and of the present statute, are, without the legislative authority of this State. The difference of phraseology in the several statutes is not material — it does not indicate any change of…
2Cases cited18 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Beloit v. MorganSupreme Court of the United States · 1869
- McCauley v. StateSupreme Court of Alabama · 1855
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- Roberts v. HeimSupreme Court of Alabama · 1855
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