Buckalew v. StateBuckalew v. State
Lоttery is a distribution of prizes by lot or chance. — Webster’s Dictionary; Bouvier’s Law Dictionary. There are said to be two kinds of lottery in general use. Onе, the Genoise, or numerical system; sometimes called the combination plan. The other, thе Dutch, or class lottery ; sometimes called the single number plan. — American Cyclopsedia. In еach, chances are purchased, generally by the purchase of tickets, or fractions of a ticket. Not necessary, however, that tickets should be issued. Wherever chances are sold, and the distribution of prizes determined by lоt, this, it would seem, is a lottery. This, we think, is. the popular acceptation of the term. We judicially know
We cannot perceive that the present case falls within any of the sections of our liberal system of amendments. — Code of 1876, sections 4815, 4816, 4817, 4818, 4819. It falls more nearly within the last-named of the sections ; but the indictment did not charge that the defendant kept or exhibited, or was interested or concerned in keeping or exhibiting а table for gaming, within section 4208; and there is nothing which аllows us to infer that was the offense intended to bе charged in the present indictment. The record shows an intention to indict for another offensе. An indictment for exhibiting a gaming table would not be a continuation of a prosecution for exhibiting а lottery, and hence a new indictment for the fоrmer offense could derive no support frоm the mistaken prosecution for the latter offense. The indictment in the present record was found at the spring term, 1878, and thus proves the act сomplained of was done more than twelve months ago. — Code of 1876, § 4646. The offense is barred, and no good can come of remanding the cause.
Eeversed, but not remanded. Let the defendant be discharged.