Legal Opinion

State v. Pomeroy

Supreme Court of Missouri

Decided November 19, 1895PublishedCited by 40 opinions

Appeal from St. Louis Criminal Court. — Hon. Henry L. Edmunds, Judge. Defendant was indicted and convicted for the crime of establishing a lottery in the city of St. Louis and from the judgment rendered herein he appeals to this court. The testimony in substance, discloses these facts: Defendant had an office on the third floor of a building on the northeast corner of Sixth and Chestnut streets, in the city of St. Louis, where he ostensibly conducted a real estate business.

Read the full summary

Appeal from St. Louis Criminal Court. — Hon. Henry L. Edmunds, Judge. Defendant was indicted and convicted for the crime of establishing a lottery in the city of St. Louis and from the judgment rendered herein he appeals to this court. The testimony in substance, discloses these facts: Defendant had an office on the third floor of a building on the northeast corner of Sixth and Chestnut streets, in the city of St. Louis, where he ostensibly conducted a real estate business. In the month of June, 1894, Grranberry, a police officer in plain clothes, visited the office, and, finding defendant in…

1Opinion of the CourtSherwood, J.

We regard the evidence, the substance of which has already been set forth, as sufficient to prove both the venue of the offense and the fact that the defendant made and established, and aided ■ and assisted in making and establishing a lottery in this state.

Under the provisions of 3832, Revised Statutes, 1889, upon which the indictment is drawn, it does not appear to be necessary that the drawing of a lottery, when established, should occur or be intended to occur in this state; it seems to be sufficient if the lottery is made or established “as a business or avocation in this state.” It must…

2Cases cited3 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Siebert v. PeopleIllinois Supreme Court · 1892
  3. Gindrat v. PeopleIllinois Supreme Court · 1891

3Cited by40 opinions

  1. Elkins v. United StatesSupreme Court of the United States · 1960
  2. Wolf v. ColoradoSupreme Court of the United States · 1949
  3. State v. TonnSupreme Court of Iowa · 1923
  4. State v. OwensSupreme Court of Missouri · 1924
  5. Williams v. StateSupreme Court of Georgia · 1897

35 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API