Trout v. State
| Decision Date | 20 September 1887 |
| Docket Number | 13,310 |
| Citation | 12 N.E. 1005,111 Ind. 499 |
| Parties | Trout v. The State |
| Court | Indiana Supreme Court |
From the Marion Criminal Court.
The judgment is affirmed, with costs.
J. N Scott, for appellant.
L. T Michener, Attorney General, and J. H. Gillett, for the State.
In this case appellant was prosecuted and convicted upon affidavit and information for the unlawful sale of a share in a lottery scheme and gift enterprise. From the judgment of conviction he has appealed to this court, and has here assigned errors which call in question the overruling (1) of his motion to quash the information, (2) of his motion for a new trial, and (3) of his motion in arrest of judgment.
Of these alleged errors the first and third will be considered together, as they each present the single question of the alleged insufficiency of the facts stated in the affidavit and information herein to constitute a public offence.
It was charged, substantially, in the affidavit and information that, on November 17th, 1885, at and in Marion county, appellant unlawfully sold to John W. Page for the sum of ten cents, then and there paid by Page to appellant, one share, chance and opportunity to draw in a certain lottery scheme and gift enterprise for the division of personal property, to wit, certain sums of lawful money of the United States, to be determined by chance and lot, which said sums of money and a particular description thereof were to affiant unknown, and, therefore, could not be given; and the plan and scheme for the division and distribution of such sums of money, by said lottery scheme and gift enterprise, were to affiant unknown, and could not be given; and the mode of operating and conducting such lottery scheme and gift enterprise, and the name and style and a more particular description thereof, were unknown to affiant, and, for that reason, could not be given; that, as a part of such lottery scheme and gift enterprise, appellant permitted said Page, in consideration of the aforesaid sum of ten cents so paid to appellant as aforesaid, to select any three numbers from a large number of numbers designated by appellant, and in the event two of the three numbers, so selected by said Page, were drawn, designated and selected by the managers and operators of such lottery scheme and gift enterprise, said Page would be entitled to a large share of money, to wit, the sum of forty-six cents, of the sum of money to be divided as aforesaid by the managers and operators of such lottery scheme and gift enterprise as aforesaid; and in the event two of such three numbers were not drawn, designated and selected by said managers and operators, then the said Page would not receive any part or share whatever of said sum of money; that thereupon, said Page then and there selected and designated the numbers 3-19-67, from said large number of numbers, and then and there paid appellant for the share and chance aforesaid the sum of ten cents as aforesaid; and according to the plan and scheme of said lottery scheme and gift enterprise, said numbers 3-19-67 entitled said Page, the purchaser thereof, to the sum of forty-six cents of the sum of money to be so divided as aforesaid, in case two of the three of said numbers were drawn, designated and selected from a large number of numbers by the managers and operators of said lottery scheme and gift enterprise; and in case two of said numbers 3-19-67, so purchased as aforesaid, were not drawn, designated and selected as aforesaid by the managers and operators of such lottery scheme and gift enterprise, then, and in that event, said Page would not be entitled to and would not receive any part or share of the money to be so divided by chance and lot by the managers and operators of said lottery scheme and gift enterprise as aforesaid.
From the facts stated and recited in the affidavit and information herein, the substance of which we have given, it is manifest that it was intended to charge appellant therein and thereby with the offence against public policy which is defined, and its punishment prescribed, in section 2077, R. S. 1881.
That section reads as follows: "Whoever sells a lottery ticket or tickets or share in any lottery scheme or gift enterprise; or acts as agent for any lottery scheme or gift enterprise; or aids or abets any person or persons to engage in the same; or transmits money by mail or express, or otherwise transmits the same, to any lottery scheme or gift enterprise for the division of property, to be determined by chance; or makes or draws any lottery scheme or gift enterprise for a division of property not authorized by law,--on conviction thereof, shall be fined in any sum not more than five hundred dollars nor less than ten dollars."
With the statute defining the offence charged and the foregoing...
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