Commonwealth v. Mackay
Massachusetts Supreme Judicial Court
Complaint, charging the defendant with setting up and promoting a lottery in a certain building in Boston. At the trial in the Superior Court, before Stevens, J., the defendant was found guilty, and, after verdict, filed a motion in arrest of judgment, “ on the ground that the complaint does not charge the defendant with any offence punishable by law.” This motion was overruled; and the defendant appealed. Pub.
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Complaint, charging the defendant with setting up and promoting a lottery in a certain building in Boston. At the trial in the Superior Court, before Stevens, J., the defendant was found guilty, and, after verdict, filed a motion in arrest of judgment, “ on the ground that the complaint does not charge the defendant with any offence punishable by law.” This motion was overruled; and the defendant appealed. Pub. Sts. c. 209, § 1, provides that “ Whoever sets up or pro,motes a lottery for money, or by way of lottery disposes of any property of value, real or personal,” etc., shall be punished…
1Opinion of the CourtHammond, J.
Both in the popular and legal sense, the word “ lottery ” signifies a scheme for the distribution of prizes by chance. Cent. Diet. “Lottery.” Bouvier’s Law Diet. “Lottery.”
Pub. Sts. c. 209, § 1, forbids the setting up of a lottery for money, or other thing of value, and while the complaint may be defective in form in not saying that the lottery was for money or other thing of value, Commonwealth v. Horton, 2 Gray, 69, the term is broad enough to include such a lottery, and, after trial and conviction, it is to be assumed that the evidence warranted a conviction of setting up an illegal…
2Cited by11 opinions
- Commonwealth v. WallMassachusetts Supreme Judicial Court · 1936
- Dorman, Et Vir. v. Publix-Saenger-Sparks Theatres, Inc.Supreme Court of Florida · 1938
- Commonwealth v. PlissnerMassachusetts Supreme Judicial Court · 1936
- Dean v. RossMassachusetts Supreme Judicial Court · 1901
- Commonwealth v. GalattaMassachusetts Supreme Judicial Court · 1917
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