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State v. Martin

State v. Martin.

State v. Martin, 44 A. 605 (N.H. 1896)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
June 5, 1896
Judges
Clark
Citations
44 A. 60568 N.H. 463
Headnotes
An indictment charging that the respondent “ did unlawfully make and put up a pretended lottery called policy” sufficiently describes the offence.
Summary
Indictment, charging that the respondent “ did unlawfully make and put up a pretended lottery called policy, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state.” Motion to quash.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Clark

Clark, J.

“ In a complaint or indictment in any case arising under the preceding sections,a lottery maybe described as a pretended lottery, which shall be sufficient, whatever the proof may be; and 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.” P. S., c.

270, s.

4. The game of policy being a lottery, the indictment sets forth all that is required under the statute. It charges the defendant with an offence in the words of the statute, and describes to him the particular kind of a lottery he is charged with making and putting up.

State v. Follet, 6 N. H. 58;

State v. Clarke, 33 N. H. 329;

State v. Moore, 63 N. H. 9;

Commonwealth v. Wright, 137 Mass. 250 ;

Commonwealth v. Sullivan, 146 Mass. 142 .

.Motion denied.

All concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1929: 119292026peak 1929 · 1

Relies on it most ⓘ

  1. Commonwealth v. Banks98 Pa. Super. 432 (1929)

Most recent

  1. Commonwealth v. Banks98 Pa. Super. 432 (1929)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Commonwealth v. Sullivan, 15 N.E. 491 (Mass. 1888) 32
Commonwealth v. Weight, 137 Mass. 250 (1884) 21

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