State v. Donovan

The complaint now before us seems to be an attempt to charge the making of a lottery under R. L., c. 447. It is true that section 4 of said chapter provides that “a lottery may be described as a pretended lottery” and that “it shall not be necessary to allege or prove, upon trial, who is the owner of the property, nor who manages, conducts, or draws the lottery, or participates therein.” However, it does not and cannot authorize the State to resort to a pleading less informative than that secured to the respondent by Article 15th of the Bill of Rights of the Constitution of New Hampshire.

Under…