Commonwealth v. Banks

Opinion by

Keller, J.,

Appellant was convicted of setting up a lottery, and being concerned in the management, conducting and carrying on of the same in the City of Philadelphia, in violation of sections 53 and 54 of the Criminal Code of 1860. He contends that he should have been indicted under section 55, forbidding the setting up of any game or device of hazard, with cards, dice, billiard balls, shuffle boards, or any other instrument, etc., at which money may be played for, staked or betted upon; and that the judgment in consequence must be reversed. He argues that as the Act of February 17,…