State v. Goldman
| Decision Date | 07 May 1918 |
| Citation | 203 S.W. 471,199 Mo.App. 416 |
| Parties | THE STATE OF MISSOURI, Respondent, v. WILLIAM GOLDMAN, Appellant |
| Court | Missouri Court of Appeals |
Submitted on Record April 3, 1918
Appeal from St. Louis Court of Criminal Correction.--Hon. Calvin N Miller, Judge.
AFFIRMED.
Judgment affirmed.
Paul Dillon for appellant.
Howard Sidener, Prosecuting Attorney, for respondent.
The appellant in this case was proceeded against in the Court of Criminal Correction of the city of St. Louis on an information which charges that in the city of St. Louis, on November 19, 1914, he "wilfully and unlawfully did sell to a person whose name is to this informant unknown, a certain ticket and part of a ticket in a lottery and device in the nature of a lottery, known as 'Country Store,' contrary to the form of the statute," etc. Arrested and arraigned defendant pleaded "not guilty," and his counsel, along with the prosecuting attorney filed an agreed statement of facts, which statement of facts, it is set out, is taken by the court as submitted. The cause was continued from time to time and resulted in the court finding and adjudging the defendant guilty and assessing his punishment at a fine of $ 50. It is stated that a motion for new trial was filed and overruled, as also a motion in arrest of judgment, and thereupon the fine was duly adjudged and imposed upon defendant, who prayed an appeal to our court.
We have before us no bill of exceptions and nothing but the entries above referred to. This confines us to an examination of the record proper, which here consists of the information, finding or verdict and judgment.
This proceeding is under section 4771, Revised Statutes 1909, which provides:
"Any person who shall sell or expose to sale, or cause to be sold or exposed to sale, . . . or shall aid or assist, or be in anywise concerned in the sale or exposure to sale of any lottery ticket or tickets, . . . or device in the nature of a lottery, within this State or elsewhere, . . . and shall be convicted thereof in any court of competent jurisdiction shall, for each and every such offense, forfeit and pay a sum of not exceeding $ 1000."
It will be observed that this information, in charging that the defendant "wilfully and unlawfully did sell . . . a certain ticket and part of a ticket in a lottery and device in the nature of a...
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