74 Mich. 264 | Mich. | 1889
The respondent was convicted in the recorder’s court in the city of Detroit, upon an information charging him with setting up and promoting a lottery for money. The information against him is filed under section 9331, How. Stat., and is as follows:
“The Recorder’s Court oe the City or Detroit:
“In the name of the people of the State of Michigan, George P. Robison, prosecuting attorney in and for the said county of Wayne, who prosecutes for and on behalf of the people of said State in said court, comes now here in said court, in the July term thereof, A. D. 1888, and gives the said court here to understand and be informed that William O. Elliott and Frank F. Johannes, late of said city of Detroit, heretofore, to wit, on June 2, A. D. 1888, at the said city of Detroit, in the county aforesaid, unlawfully did set up and promote a lottery for mone3r, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan.
“George F. Robison,
“Prosecuting Attorney.” .
Respondent pleaded not guilty. Upon the trial, the people gave evidence tending to show that the respondent kept an office in Detroit on June 2, 1888, where he acted as a policy dealer; that the business he carried on was called “policy,” and was conducted by him as follows: There is in Kentucky a lottery, in which every day there are 13 numbers drawn by lot out of 78. These numbers are drawn to determine the right to prizes in the Kentucky lottery, in which the prizes range in value from $80 to $4,000. When the numbers drawn in Kentucky
The respondent requested the court to instruct the jury as follows:
“1. If the jury find that the facts in this case do not show that the defendant, William Elliott, did any act to promote within this State any lottery or gift enterprise for money, or in any way was concerned in the setting-up, managing, or drawing of any such lottery or gift enterprise, or did in any house, shop, or building owned or occupied by him, or under his control, knowingly permit the setting up, managing, or drawing of any such lottery or gift enterprise, or the sale of any lottery ticket, or share of a ticket, or other device purporting or intending to entitle the holder or bearer to any prize or gift or interest in any prize or gift to be drawn in any such lottery or gift enterprise, then their verdict must be of not guilty.
“2. If the jury shall find as a matter of fact that the defendant, William Elliott, committed no act which tended towards maintaining or promoting the business of a lottery or gift enterprise for money or disposing of money in the State of Michigan, their verdict must be not guilty.
“3. The evidence in this case shows that William Elliott, the defendant, did maintain and take part in a.*267 game called ‘policy/ which consisted in betting that certain numbers drawn out of the lottery wheel in foreign states would be the winning numbers, and that he was in no wise connected with the maintaining or promoting of those lotteries in said foreign states, and that said lottery enterprises or schemes were not maintained or promoted by said defendant, in this State or in any other state; and while he may be guilty of keeping an unlawful'place for gambling, he is not guilty of the offense charged in the information in this case, and therefore I charge you to find a verdict of not guilty.
“á. A lottery is a scheme whereby large numbers of persons are enticed into the purchasing of tickets for the distribution of prises, in money or property, upon some sort of drawing or allotment by chance, and the lotteries generally involve large sums of money, or large prizes of some kind, and circulate their tickets in large numbers, and in all parts of the country; such tickets being written or printed, or some equivalent device, securing shares in a distribution of prizes. Now, the evidence in this case does not show that the defendant, William Elliott, committed any act which tends towards maintaining or promoting business of a lottery or gift enterprise for money, or disposing of money or property, and thereby your verdict must be not guilty.”
The court refused to give these instructions, and respondent’s counsel excepted; but did charge the jury, if they were satisfied beyond a reasonable doubt of the truth of the testimony given by the prosecution they would be warranted in finding the respondent guilty. The court was justified in refusing to give the respondent’s requests, and we see nothing improper in the instruction given. The testimony, which was very brief, was not controverted, and the facts make out a case under the statute.
A lottery is a scheme by which a result is reached by some action or means taken, and in which result man’s choice or will has no part, nor can human reason, foresight, 'sagacity, or design enable him to know or deter
It is thought by counsel for defendant that this case is ruled by People v. Reilly, 50 Mich. 384 (15 N. W. Rep. 520). That case, however, is different. There the contingency was one upon which the parties interested could exercise their reason and judgment under an agreement upon which the money was paid, and was in its nature executory. In this case the money was paid when the chance was obtained, and there was no opportunity for
The judgment must be affirmed.