State v. Martin

Decided June 5, 1896

Supreme Court of New Hampshire · decided 1896-06-05

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.

Relies on Commonwealth v. Sullivan · State v. Clarke · Commonwealth v. Weight

Good law ✅— No negative treatment on recordhow we know

Decided 1896-06-05

How this case has been cited

Cited by 4 later decisions — most recently November 1951

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Clark, J.

¶1 “ 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.

¶2 .Motion denied.

All concurred.