318 Mass. 274 | Mass. | 1945
The indictment for violation of G. L. (Ter. Ed.) c. 271, § 12, is in two counts, respectively charging that the defendant received from one Regan money “for a false and fictitious lottery ticket” and money “for a writing in a fictitious and pretended lottery,” namely, “a game commonly known as 'number pool’ . . . well knowing the same to be false and fictitious.” The defendant was fomid guilty by a jury, and his exceptions relate to the denial of his motion for a directed verdict of not guilty.
The defendant concedes that the jury on the evidence could have found that he was engaged in the business of selling tickets or writings in a lottery commonly known as “number pool,” and that on December 16, 1942, he sold through an agent to one Regan, a police officer, for the sum of ten cents a ticket or writing in such a lottery. The defendant introduced no evidence tending to prove any of the facts incumbent upon him under G. L. (Ter. Ed.) c. 271, § 13, which'reads as follows: “Upon the trial of a person charged with any of the crimes mentioned in the preceding
Exceptions sustained.
Judgment reversed.