People v. Elliott

• Decision Date: 20 February 1889
• Citation: 74 Mich. 264,41 N.W. 916
• Court: Michigan Supreme Court
• Parties: PEOPLE v. ELLIOTT.

41 N.W. 916

74 Mich. 264

PEOPLE v. ELLIOTT.

Supreme Court of Michigan

February 20, 1889

Exceptions to recorder's court of Detroit; SWIFT, Recorder.

Conviction of William C. Elliott upon an information under How. St Mich. � 9331, for setting up and promoting a lottery for money.

Geo. F. Robison, Pros. Atty., for the People.

SHERWOOD C.J.

The respondent was convicted in the recorder's court in the city of Detroit, upon an information charging him with setting up and promoting a lottery for money. The information against him is filed under section 9331, How. St., and is as follows: " The Recorder's Court of the City of Detroit. In the name of the people of the state of Michigan, George F. Robison, prosecuting attorney in and for the said county of Wayne, who prosecutes for and on behalf of the people of said state in said court, comes now here in said court, in the July term thereof, A. D. 1888, and gives the said court here to understand and be informed that William O. Elliott and Frank F. Johannes, late of said city of Detroit, heretofore, to-wit, on the 2d day of June, in A D. 1888, at the said city of Detroit, in the county aforesaid, unlawfully did set up and promote a lottery for money, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Michigan. GEORGE F. ROBISON, Prosecuting Attorney." Respondent pleaded not guilty. Upon the trial, the people gave evidence tending to show that the respondent kept an office in Detroit on the 2d day of June 1888, where he acted as a policy dealer. That the business he carried on was called "policy," and was conducted by him as follows: There is in Kentucky a lottery, in which every day there are 13 numbers drawn by lot out of 78. These numbers are drawn to determine the right to prizes in the Kentucky lottery, in which the prizes range in value from $80 to $4,000. When the numbers drawn in Kentucky are made public, they are telegraphed to the respondent at Detroit, who uses them as a basis for his dealing. Persons who wish to play "policy," as he calls it, pay the respondent a sum of money, usually from five to fifty cents, and at the same time select two, three, or four numbers, from one to seventy-eight. If the player selected two numbers it was called a "saddle." If he selected three it was called a "gig." If he selected four it was called a "horse." If all the numbers selected by the player came out in the drawing, he won a certain amount from the policy dealer. In the case of a "gig," or three numbers, if the player won, he received ten dollars for five cents; in the case of a "saddle" the odds were proportionately less; in the case of a "horse," proportionately greater.

The respondent requested the court to instruct the jury as follows: "(1) If the jury find that the facts in this case do not show that the defendant, William Elliott, did any act to promote within this state any lottery or gift enterprise for money, or in any way was concerned in the setting up, managing, or drawing of any such lottery or gift enterprise, or did in any house, shop, or building owned or occupied by him, or under his control, knowingly permit the setting up, managing, or drawing of any such lottery or gift enterprise, or the sale of any lottery ticket, or share of a ticket, or other devise purporting or intending to entitle the holder or bearer to any prize or gift or interest in any prize or gift to be drawn in any such lottery or gift enterprise, then their verdict must be of not guilty. (2) If the jury shall find as a matter of fact that the defendant William Elliott, committed no act which tended towards maintaining or promoting the business of a lottery or gift enterprise for money or disposing of money in the state of Michigan, their verdict must be not guilty. (3) The evidence in this case shows that William Elliott, the defendant, did maintain and take part in a game called 'policy,' which consisted in betting that certain numbers drawn out of the lottery wheel in foreign states would be the winning numbers, and that he was in nowise connected with the maintaining or promoting of...