Legal Opinion

Marks v. State

Supreme Court of Alabama

Decided January 15, 1871PublishedCited by 1 opinion

Appeal from the City Court of Mobile. Tried before Hon. C. F. Moulton. The opinion states the facts. [Th6 briefs did not come into the Reporter’s hands.]

1Opinion of the CourtB. F. Saffold, J.

The appellant was convicted on an indictment founded upon section 3616 of the Revised Code, prohibiting lotteries without the legislative authority of the State. He defended on the ground that whatever he had done was protected by the charter of the Tuskaloosa Scientific and Art Association, the revenue law which imposes a license on lotteries, and the act to regulate lotteries approvéd December 31st, 1868.

He was the book-keeper of the above named association, and the evidence tended to show that he sent out to the *39subordinate offices the rules which were to govern their operations. The…

2Cited by1 opinion

  1. Tuscaloosa Scientific & Art Ass'n v. State ex rel. MurphySupreme Court of Alabama · 1877

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